BX 5918 
.ri3 fl5 
1889 
Copy 1 



A COMPILATION 



CONTAININ(; THE 



ONSTITUTION AND CaNONS 



OF THE 



P 



ROTESTANT JDPISCOP 



Episcopal. C 



HURCH 



IN THE 



Diocese of Maryland; 

Shlected Canons of the General Convention 
REvSolutions, etc. : 



AND THE 



Laws of Maryland and the District of Columbia 




RELATING TO 



RELiQious Matters. 



Published by Order ok the Con:vextio?n 



CrSHINGS & BAILEY, BALTIMORE. 
WM. H. MORRISON, WASHINGTON, C. 

18S9. 



A COMPILATION 



CONTAINING THE 




Constitution and Canons 

OF THE 

Protestant Episcopal Church 
It 

IN THE 

Diocese of Maryland; 

Selected Canons of the General Convention; 
Resolutions, etc. : 

AND THE 

Laws of Maryland and the District of Columbia 

RELATING TO 

RELiaiOUS MATTERS; 



Published by Order oe the Convention. 




CUSHINGS & BAILEY, BALTIMORE. 
WM. H. MORRISON, WASHINGTON, D. C. 
1889. 



Extracts from the Journal of the Convention of 1888./. 21. 

!Mr. Packard offered the following Resolutions -which were adopted : 

1. Resolved, That the resolution adopted in 1SS6, directing the printing, in the 
Journal o£ each year, of the Constitution and Canons and a selection of laws, be 
and it is hereby rescinded. 

2. Resoh'ed. That a special committee of two Clergymen, and three Laymen 
learned in the laAv. be appointed to prepare and publish in an inexpensive form^ 
an edition of one thousand copies of a new Compilation of Canons, Laws, Rules,. 
Forms, etc.. on the same general plan as the existing Compilation ; that the copy- 
right of such Compilation be secured in the name of the Convention, and that the 
Treasurer be instructed to make such arrangements for its sale as he may think 
best. 

The following persons were appointed as the Committee : the Revs. Hall Har- 
rison, and Robert A. Mayo, Messrs. J. Packard. Jr., C. H. Wyatt, and U. M. 
Thomas. 



COPYRIGHTED i8So, 
BY THE 

COXVEXTION OF THE PROTESTAXT EPISCOPAL CHURCH OF THE 
DIOCESE OF MARYLAXD. 



BALTIMC^RE: 
WM. K. BOYLE & SOX, PRIXTERS, 
no E. BALTIMORE STREET. 



declaration of ^tght© 



A Declaration of certain Fundamental Rights and Liberties of the Pro- 
testant Episcopal Church of Maryland. 

Whereas, by the Constitution and Form of Government of this State 
— '-'All persons, professing the Christian Religion, are equally entitled 
to protection in their religious liberty, and no person, by any law, (or 
otherwise) ought to be molested in his person, or estate, on account of 
his religious persuasion or profession, or for his religious practice ; un- 
less, under color of religion, any man shall disturb the good order, 
peace, or safety of the State, or shall infringe the laws of morality, or 
injure others in their natural, civil, or religious rights :" And zohereas, 
the ecclesiastical and spiritual independence of the different religious 
Denominations, Societies, Congregations and Churches of Christians in 
this State, necessarily follows from, or is included in, their civil inde- 
pendence : 

Wherefore, we the Clergy of the Protestant Episcopal Church of 
Maryland, (heretofore denominated the Church of England, as by law 
established,) with all duty to the civil authority of the State, and with 
all love and good will to our fellow Christians of every other religious 
denomination, do hereby declare, make known and claim the following, 
as certain of the fundamental Rights and Liberties inherent in, and 
belonging to, the said Episcopal Church, not only of common right, 
but agreeably to the express words, spirit and design, of the Constitution 
and Form of Government aforesaid, viz : 

I. We consider it as the undoubted right of the said Protestant Epis- 
copal Church, in common with other Christian Churches under the 
American Revolution, to complete and preserve herself as an entire 
Church, agreeably to her ancient usages and profession, and to have the 
full enjoyment and free exercise of those purely spiritual powers, which 
are essential to the being of every Church or Congregation of the faith- 
ful, and which, being derived only from Christ and His Apostles, are 
to be maintained, independent of every foreign, or other, jurisdiction, 
so far as may be consistent v\ath the civil rights of society. 

II. That ever since the Reformation, it hath been the received doc- 
trine of the Church whereof we are members, (and which, by the Con- 
stitution of this State, is entitled to the perpetual enjoyment of certain 
property and rights under the denomination of the Church of Eng- 
land,) ''That there be these three orders of Ministers in Christ's 



4 



THE DECLARATION OF RIGHTS. 



Church; Bishops, Priests and Deacons," and that an Episcopal Ordi- 
nation and Commission are necessary, to the valid administration of the 
Sacraments, and the due exercise of the Ministerial Functions, in the 
said Church. 

III. That, without calling in question the Rights, ]Modes and Forms, 
of any other Christian Churches or Societies, or wishing the least con- 
test with them on that subject, we consider and declare it to be an 
essential right of the said Protestant Episcopal Church, to have and 
enjoy the continuance of the said three Orders of ^Ministers forever, so 
far as concerns matters purely spiritual ; and that no persons, in the 
character of Ministers, except such as are in the communion of said 
Church and duly called to the ^Ministry by regular Episcopal Ordina- 
tion, can or ought to be admitted into, or enjoy, any of the - 'Churches, 
Chapels, Glebes, or other property," formerly belonging to the Church 
of England, in this State, and which, by the Constitution and Form of 
Government, is secured to the said Church forever, by whatsoever name 
she, the said Church, or her superior Order of ^Ministers, may, in future, 
be denominated. 

IV. That, as it is the right, so it will be tlie duty, of the said Church, 
when duly organized, constituted and represented, in a Synod or Con- 
vention of the different Orders of her ]Ministry and People, to revise her 
Liturgy, Forms of Prayer, and Publick Worship, in order to adapt the 
same to the late RcTolution, and other local circumstances of America : 
which, it is humbly conceived, may and will be done, without any other 
or farther departure from the venerable Order and beautiful Forms of 
Worship of the Church from whence we sprung, than may be found 
expedient in the change of our situation from a Daughter to a Sister 
Church. 

TJie foregoing Declaration lu as made in a Convention of the Clergy of this 
Church, held at Annapolis, on the Thirteenth day of August, in the 
year of our Lord 1783 ; and recognized and confirmed in Convention of 
the Clergy and Lay Delegates, at Easton, on the Thirty first day of 
May, in the year of our Lord, 1790 ; And signed, 

WILLIA^I WEST, President. 

Attest, John Bissett, Secretary. 

Note. — This Declaration appears to the Committee to bear the same relation 
to the Constitution of the Church, in Maryland, as the "Declaration of Rights," of 
the State, does to the Constitution of the State. It -was confirmed at the same 
time that the present Constitution was adopted, and has never been repealed. 



Article i. There shall be a Convention of the Protestant Episcopal 
Church, in this '''Diocese, on the last Wednesday in May, in every year, 
in such places as shall be determined by the Convention. Where the 
next Thursday shall be Ascension Day, the Convention shall meet on 
the Wednesday of the preceding week.'f 

Art. 2. The Convention shall be composed of Clergymen and 
Laymen. The Bishop and Assistant Bishop, if there be one, shall have 
a seat and vote in the Convention. Every Clergyman of this Church, 
of whatever Order, being a settled Minister of some Parish, or separate 
Congregation, acknowledged as such by this Convention, within this 
Diocese ; or, being a president, professor, tutor or instructor in some 
college, academy, or seminary of learning, incorporated by law ; or 
being a missionary, under the direction of the ecclesiastical authority of 
this Diocese, shall be entitled to a seat and vote in Convention, if he 
has been canonically resident, within this Diocese, for the space of six 
calendar months, next before the meeting of the Convention ; — Provided, 
that no Clergyman, who has been once entitled to a seat in Convention, 
shall lose his right to a seat therein, by reason of his having ceased, on 
account of age, or infirm health, to have charge of a Parish, or to be in 
the service of a college, academy, or seminary of learning, or to be a 
missionary, as aforesaid. 

The Laymen shall consist of one Delegate from each Parish and 
separate Congregation,! chosen by the Vestry thereof, or, if there be no 
Vestry, by the Congregation, from among the parishioners; — Provided, 
that every Parish, and separate Congregation! having more than one 
officiating Minister, who hath been regularly and canonically elected, 
shall be entitled to send as many Delegates, as it has Ministers who are 
entitled to seats in the Convention. But before any Lay Delegate shall 
take his seat, he shall subscribe the following declaration: " I do 

*The word State chaiiged to Diocese, in 1870, Page 12, Journal. See also, 
1869, Page 14. 

tThis sentence was added in 1879. Journal, Page 51. 

§The words and separate Congregation inserted in 1882. Journal, Page 64. 



6 



COjVS titution. 



hereby declare my belief in the Christian religion, and attachment to 
the Protestant Episcopal Church, and profess myself a member thereof." 

Art. 3. Twenty"^ members of the Clerical and twenty of the Lay 
Order shall constitute a quorum, for the transaction of business ; but a 
smaller number may adjourn. 

Art. 4. In all matters, that shall come before the Convention, the 
Clergy and Laity shall deliberate in one body ; but, if, upon any 
question, it be required by five members, the two Orders shall vote 
separately, and the concurrence of a majority of each Order shall.be 
necessary, to give validity to any measure. 

i\RT. 5. The election of a Bishop of this Church shall be made in 
Convention, in the following manner : The Order of the Clergy shall 
nominate and appoint, by ballot, some fit and qualified Clergyman, of 
the Protestant Episcopal Church of the United States, for that office ; 
and the votes of two-thirds of that Order shall be requisite, to constitute 
a choice. And, thereupon, such appointment shall be presented to the 
Order of the Lay Delegates, and be considered by them ; and if, on a 
ballot, it shall appear, that the person, so nominated, is approved of, by 
two -thirds of the Lay Order, he shall be then declared to be duly 
elected : Provided, That, whenever it shall be proposed to elect an 
Assistant Bishop of this Diocese, notice thereof shall be given, at an 
Annual Convention, and the election shall take place, at the succeeding 
Annual Convention. 

Art. 6. The Bishop of the Church in this Diocese'f shall be President 
of the Convention ; in which character, it shall be his duty to give to 
the Convention, as often as he may deem expedient, a general view of 
the state of the Church ; to call special conventions, at whatever times 
and places he may think necessary ; to preserve order during the time of 
session ; to put the question, collect the votes, and declare the decision. 
He may make any motion which he shall judge conducive to the good 
of the Churchj but shall not enter into debate ; and he may deliver his 
sentiments, on any subject, after it has been discussed, before a vote 
thereon. 

Art. 7. In case of a vacancy in the Episcopal Office, the Conven- 
tion, immediately upon their assembling, shall choose, by joint ballot, 
a President, from among the Order of Priests, who shall remain in 
office, until the next election of a President. He shall perform all 
the duties and possess all the privileges, above specified ; but he shall 
not call special meetings of the Convention, unless applied to, for that 

*Originally eight members ; eight changed to tzoeiity in 18S2. Journal, Page 64 
'hSyo ; Journal, p. 12. 



CONSTITUTION. 



7 



purpose, by a majority of the Standing Committee; but if at any time 
there should be no President, the Standing Committee shall have power 
to call a special meeting of the Convention when deemed necessary.'^ 
And if, while there is a Bishop in this Church, he shall not be present 
at any meeting of the Convention, they shall elect, in the manner afore- 
said, a President p7'o tempore. 

Art. 8. A Secretary shall likewise be chosen, immediately upon the 
assembling of the Annual Convention, by a joint ballot; who shall 
remain in ofhce, until the next election of a Secretary. If but one is 
nominated, the ballot may be dispensed with-t His duty shall be, 
to make minutes of their proceedings; to preserve their journals and 
records; to attest the public acts of the body; and faithfully to deliver, 
into the hands of his successor, all books and papers, relative to the 
concerns of the Convention, which may be in his possession. It shall 
be his duty, to notify, through the channel of such public papers as he 
may think proper, the time and place appointed for the meeting of the 
succeeding Convention. 

Art. 9. Before the adjournment of each Annual Convention, a 
Standing Committee, consisting of seven members, J shall be chosen, 
from among the Order of Priests, by a joint ballot of the Clergy and 
Laity; and if a vacancy shall occur, by death, removal, resignation, 
or otherwise, the remaining members, or a majority of them, shall be 
authorized to fill such vacancy; always supplying the vacancy, by one 
of the Order of Priests. In all elections of committees, by joint ballot, 
110 member, of the said committee, shall be elected, unless he shall 
receive a majority of the votes, of all the attending members. 

Art. 10. If, at any time, there should be no Bishop in this Church, 
the Convention shall divide the Diocese, § into as many districts, as 
there are members of the Standing Committee; assigning to each mem- 
ber the superintendence of a district, which it shall, be his duty to 
visit, once a year; and he shall report the ecclesiastical and secular 
state thereof, to the Convention. 

Art. II. Every Parish and separate Congregation*^ within this 
Diocese, § shall be entitled to the entire benefit of this Constitution, as 
soon as it shall have signified its ratification thereof, either, in writing, 
or, by sending a Lay Delegate to the Convention; and such Parish and 
separate Congregation'^'^ shall thereafter be benefited and bound, equally 

* This clause adopted 1885, p. 32. 
t Added in 1866, p. 12. 1865, p. 7. 
% See Journal of 1868, p. 11. 
§ Journal, 1870, p. 12, 
** Journal, 1882, p. 65. 



8 



COjVS titution. 



with the other Parishes and separate Congregations in this . Diocese, "j" 
by every rule, or canon, which shall be framed, by any Convention, 
acting under this Constitution, for the government of this Church, in 
ecclesiastical concerns. 

Art. 12. This Constitution shall be unalterable, except in the follow- 
ing manner: A proposition for any change shall be introduced, in writ- 
ing, and considered in Convention; and, if approved of, the same shall be 
transmitted to the several Vestries of the Parishes and separate Congre- 
gations,"^ which shall have ratified this Constitution. And, if again 
approved of, in the next ensuing Convention, by a majority of the 
respective Orders, voting thereon separately, the change shall take 
place, and the Constitution, so altered, shall be valid and obligatory. 

* Journal, 1882, p. 65. 
T Journal, 1870, p. 12. 



^ CANONS" 

OF THE 

Diocese ok Maryland. 



OF THE CONVENTION, AND OF THE CHURCH IN THIS 

DIOCESE. 

CANON I. [A. I.]* 

Of the titles of Clergymen to seats in Convention. 

No Clergyman, removing from another Diocese into Maryland, shall 
be entitled to a seat in the Convention, as having been regularly and 
canonically elected into a Parish, or separate Congregation, unless it 
shall have been signified to the Secretary of the Convention, by the 
Bishop, or, in case of a vacancy in the Episcopal Office, by the President 
of the Standing Committee, that he had obtained from him a certificate, 
of his Episcopal ordination and religious character; nor, unless the 
Bishop, or President, shall have received from the Vestry, and trans- 
mitted to the Secretary, the certificate required by the 3otht Canon of 
the General Convention of 1832. In the case of a Clergyman, canoni- 
cally resident in the Diocese, elected into a Parish or separate Congre- 
gation, he shall be required, immediately after his acceptance of the 
appointment, to transmit to the Bishop, a certificate from the Wardens 
and Vestry, of the said election. No Clergyman shall have a seat in 
the Convention, as an instructor of youth in any seminary of learning, 
till he shall have produced to the Convention, a certificate from the 
Rector and Vestry, and, if there be no Rector, from the Vestry, of the 
Parish in which it is situated, or of some separate Congregation within 
such Parish, acknowledged as such by the Convention, that he is so oc- 
cupied. . No Clergyman shall be entitled to a seat in Convention as an 

*The letters and figures in brackets are those of the edition of 1874. 
tVide Digest, Canons of General Convention, Title I, Can. 14, §1, 



lO 



CANONS OF THE DIOCESE OF MARYLAND. 



infirm Clergyman,, unless he shall produce a certificate from some re- 
spectable physician, that his state of health unfits him for the active 
duties of the ministry, and there be evidence that, at the time his health 
became infirm, he was entitled to a seat in the Convention. 
Canon iSo6. Amended, 1S35, 1S44, i847> 1S63. 

CANON II. [A. II.] 

Of Absentees from the Convention^ to be Noted. 

At every meeting of the Convention, it shall be the duty of the Secre- 
tary to report the names of such Clergymen, entitled to seats, as may 
have absented themselves from two successive Conventions, and the Con- 
vention shall take such order thereon, as may be deemed expedient. 

Canon V, 1S35. Amended 1S47, ^§63. 

CANON III. [A. III.] 

Of the Secretary of the Convention. 

Sec. I. In addition to the duties assigned to the Secretary by the 
Constitution, it is hereby made his duty to transmit, annually, to each 
of the Bishops of the Protestant Episcopal Church in the United States, 
and to the Secretary of the last House of Clerical and Lay Deputies of 
the General Convention, and to the Secretary of every Diocesan Conven- 
tion, a copy of the Journal of the Convention ; and he shall request the 
last, to send copies of their respective Journals, in exchange. 

Sec. 2. He shall also transmit, to each General Convention, a certi- 
ficate of the appointment of Clerical and Lay Deputies, and of the 
nomination of' Trustees of the General Theological Seminary, and do 
such other acts, as may be, from time to time, required of him by 
authority of the General, or Diocesan, Convention. 

Canon, 1S73. 

CANON IV. [A. IV.] 
Of the Treasurer of the Convention. 

Sec. I. At every annual Convention, there shall be elected a 
Treasurer of the Convention, who shall remain in office until a 
successor be appointed. 

Sec. 2. It shall be his duty to receive all moneys collected under the 
authority of the Convention, and to disburse the same under its 



CANONS OF THE DIOCESE OF MARYLAND. 



authority ; and when incidental expenses arise, not ordered by the 
Convention, the Treasurer, by and with the consent of the Committee 
of Ways and Means, shall be authorized to pay them, provided they do 
not exceed the sum of $ioo per annum. He shall render his accounts 
annually to the Convention, which shall be audited by a Committee 
acting under its authority. In case of a vacancy in the office of 
Treasurer, by death, removal from the Diocese, or by resignation, the 
Bishop, with the advice and consent of the Standing Committee, shall 
have power to appoint a Treasurer to act until an appointment is made 
at the next succeeding Convention. 

Canon, 1873. Amended, 188S. 

CANON Y. [A. v.] 

Of Provision for Defraying Cei'tain Expenses. 

The Vestry of each Parish, or Church, shall, on, or before, the first of 
November, of each year, pay to the Treasurer such sums, as may be 
required from them, respectively, by resolution of the Convention, from 
time to time, for the purpose of paying the salary of the Bishop, and 
Assistant Bishop, if there be one, the travelling expenses of the Standing 
Committee and the Delegates to the General Convention ; printing the 
Journal ; compensation to the Secretary, and other incidental expenses 
of the Convention, and such other appropriations as may be made by 
resolution of the Convention. 

Canon XII, 1S35. Amended, 1S47, 1863, 1873, 1885. 

CANON VI. [A. VI.] 

Of the mode of securing an accurate view of the State of the Church in 
this Diocese, from time to time. 

Sec. I. There shall be appointed at each Annual Convention a Com- 
mittee on the State of the Church, to be composed of three Clergymen 
and two Laymen. To this Committee shall be referred the address of 
the Bishop, and of the Assistant Bishop, if there be one; the parochial 
reports, and all other reports made in the pursuance of any canon. 
From these materials it shall be the duty of the Committee to prepare a 
report on the state and progress of the Church in this Diocese, to be 
presented to the succeeding Convention, suggesting such action as they 
may deem requisite. 



12 



CA/VOA'S OF THE DIOCESE OF MARYLAND. 



Sec. 2. In case of the absence of the Bishop, from any Convention, 
the reports which are required to be delivered to him by the Xllth 
Canon of the General Convention of 1853,'*' shall be delivered to the 
President of the Convention. 

Canon 1855. Amended 1887. 

* Vide Digest, Title I, Can. 17, §1. 

CANON VII. [A. VII.] 

^ Of the Erection of New Parishes, or Congregations. 

Sec. I. No part of a Parish shall separate itself from the residue 
thereof, as a distinct Parish, nor shall any number of members of the 
Protestant Episcopal Church, in any Parish, associate themselves, as a 
separate Congregation therein, without first obtaining leave of the Con- 
vention, who shall judge of the necessity and expediency of such separa- 
tion. And leave, thus obtained, for such separation or association, shall 
be a guarantee, that the parties interested shall, on application, be re- 
ceived into union with this Convention : Provided, the Convention 
shall be satisfied that the Parish or Congregation have a church edifice 
sufficient for the accommodation of a reasonable number of persons, 
finished, or so nearly finished, as, in the judgment of the Convention, to 
afford a reasonable prospect that it will be completed ; and further, that 
they are not indebted to such an extent as to endanger their stability, 
and have also a reasonable prospect of self-support. Provided, however, 
that no Parish, or Congregation, although constituted with the consent 
of the Convention, shall be considered as a part of the Protestant Epis- 
copal Church in this State, without a strict conformity, on the part of 
such Parish, or Congregation, to the use of the Liturgy of the said 
Church, nor without a compliance, in case of a Parish, with the pro- 
visions of the act entitled, ''An x\ct for the Establishment of Vestries 
for each Parish in this State," passed November session, 1798 ; or, in 
case of a Congregation, with the provisions of any laws, which have been, 
or may be, passed, by the State of Maryland, the District of Columbia, 
and the Congress of the United States: Provided, said laws shall be 
first accepted by the Convention of this Diocese. 

Sec. 2. Persons intending to apply for leave to organize a new Parish, 
or a separate Congregation, within an established Parish, shall give 
notice of such intention to the Bishop; or, if there be no Bishop, to the 
ecclesiastical authority of the Diocese, at least three months before the 
meeting of the Convention, to which application is intended to be made. 



CANONS OF THE DIOCESE OF MARYLAND. 



13 



Sec. 3. Whenever hereafter any Church, in union with the Conven- 
tion, shall neglect for three years in succession t6 make a Parochial 
Report, and shall not, during the same period, have employed a Clergy- 
man as its Parish Minister, such Church shall be regarded as having 
forfeited its connection with the Convention, and shall no longer have a 
right to send a delegate to the same. The Bishop shall report such 
Church to the Convention in his Annual Address. Such Church, how- 
ever, may be re-admitted, upon application to the Convention, accom- 
panied by a report of its condition, and on such terms as shall appear 
just; such re -admission to take effect from and after the rising of .the 
Convention consenting to such admission. 

Canons of 1793, 1794, 1799, 1803, 1835, 1845, 1847, 1851, 1881, 1886. 

CANON VIII. [A. VIII.] 

Canon of the Maintenance and Extension of Religious Worship and 

Instruction. 

Sec. I. Each Annual Convention of the Diocese shall take order, 
for the Maintenance and Extension of Religious Worship and Instruc- 
tion, by the election of two committees, to wit : a Committee of Mis- 
sions and a Committee of Religious Instruction, each Committee to con- 
sist of four Clergymen and four Laymen, who may, or may not, be mem- 
bers of the Convention, which committees shall have power to fill vacan- 
cies which may occur during the interval between the meetings of the 
Convention. In addition to the members so elected, the Bishop, and 
Assistant Bishop, if any, shall also be a member, ex-officio, of each Com- 
mittee. 

Sec. 2. Each Committee may appoint one of their Lay members 
Treasurer of the funds to be received by them, who shall disburse the 
same, under the direction of the Committee, and shall make annual 
reports to the Convention. 

Sec. 3. The Committee of Missions shall have supervision of the 
General Mission Work of the Diocese, and' shall receive and disburse all 
contributions, in money, or otherwise, which may be made, throughout 
the Diocese, for Diocesan Missions. They may also, in their discretion, 
out of said contributions, give pecuniary assistance, through the Bishop, 
or directly, to Clergymen in charge of Parishes or Congregations which 
are now, or may be, hereafter, in union with this Convention. The said 
Committee shall also receive and disburse the Fund for Disabled and 
Superannuated Clergymen. 



14 



CAA'OXS OF THE DIOCESE OF MARYLAXD. 



And it is hereby declared that, in and for the exercise of the duties 
and powers, hereby conferred upon said Committee, in so far as the City 
of Baltimore is concerned, said Committee is intended to be, and shall 
be considered as, a substitute for the City Committee of Missions in Balti- 
more, referred to in the preamble to the articles of association of the 
Baltimore City Protestant Episcopal Missionary Committee. 

Sec. 4. The Committee of Religious Instruction shall have charge 
of the distribution of Bibles, Prayer Books, and other religious Books 
and Tracts, within the Diocese, and shall receive and disburse all con- 
tributions, in money, or otherwise, which may be made, throughout the 
Diocese, for those objects. They shall also superintend, and provide 
for. the establishment and support of schools, for Religious education 
within the Diocese, and. if need be, shall provide for the maintenance 
of Candidates for Holy Orders and youth preparing for the Ministry. 

Sec. 5. Xo ^vlission shall be established, nor any ^Missionary ap- 
pointed by said Committee of ^Missions, but with the- advice and con- 
sent of the Bishop, or. if there be no Bishop, or he be out of the Diocese, 
of the Standing Committee: nor shall the Committee of Religious In- 
struction, without the same advice and consent, establish, or found, any 
school, or make any appropriation, in behalf of a Candidate for Orders, 
or any other beneficiary. 

Sec. 6. It shall be the duty of the Rector of each Parish or Congre- 
gation, to devise, and carry into effect, ways and means for the collec- 
tion of moneys for the work of the Church herein provided for, by 
holding meetings, public, or otherwise, procuring subscriptions and 
donations, and issuing, or circulating, papers, statements, addresses, or 
the like: or b}' such other measures, as he may deem most effective. 

Sec. 7. Any contributor shall have the right to designate, to which 
of the classes of operations, assigned to said Committees, the gift, or 
subscription, shall be appropriated; and the contribution shall be ap- 
propriated accordingly, and in no other manner. It being understood, 
however, that contributions designated generally for Diocesan ^Missions, 
shall be held applicable to Pastoral Aid, as provided for in section 3. 

Sec. 8. Nothing in this Canon contained shall be construed, or taken 
to interfere with, or hinder, the Baltimore City Protestant Episcopal 
Committee, in conducting Missionary, or other work, within the scope 
of its charter; nor to prohibit any Parish or Congregation from con- 
ducting any ?^Iissionary, or Educational, operations of its own, and 
appropriating to such operations, any funds which may be contributed 
therefor. 

Sec. 9. At all meetings, of each Committee, five members shall con- 
stitute a quorum. 



CANONS OF THE DIOCESE OF MARYLAND. 



15 



Sec. 10. The Canon of 1853, entitled ''Of the Maintenance and 
Extension of Religious Worship and Instruction," and the Canon of 
1856, entitled " Of a Pastoral Aid Fund," are hereby repealed. 

Canon II, 1850. Amended, 1853, 1872, 1873,. 1886. 

CANON IX. [A. IX.] 

Of the Convocations of the Diocese. 

Sec. I. The Diocese shall be divided into four Missionary Convo- 
cations, as follows: 

First. — The City of Baltimore, and the Counties of Baltimore, Harford 
and Carroll; to be known as "The Convocation of Baltimore." 
Second. — The Counties of Howard, Anne Arundel and Calvert; to be 

known as ''The Convocation of Annapolis. " 
Third. — The Counties of Montgomery, Prince George's, Charles, St. 
Mary's, and the District of Columbia; to be known as " The 
Convocation of Washington." 
Fourth. — The Counties of Frederick, Washington, Allegheny and Gar- 
rett; to be known as the " Convocation of Cumberland." 
Sec. 2. The Convocations shall be organized, under the direction of 
the Bishop, who shall preside in them, when present. In the absence 
of the Bishop, the Assistant Bishop, if any, shall preside, when present. 
Each Convocation shall have a Dean, to be appointed annually by the 
Bishop, on the nomination of the Convocation. The Dean shall per- 
form such duties as may be appointed him, by the Bishop or Convo- 
cation, and shall report to the Convention, through the Bishop, at each 
annual session, concerning the missionary work in his Convocation. 
The Dean of each Convocation shall be, ex-officio, a member of the 
Committee of Missions, and it shall be his duty to attend and vote, at 
all meetings of the Committee. 

Sec. 3. Each Convocation shall meet at least twice, during the year, 
and shall consist of the Clergy residing within its limits, who have seats 
in the Convention of the Diocese, or are engaged in Pastoral work; and 
of Lay Communicants, one from each Parish, separate Congregation, 
or Mission, to be chosen according to rules adopted by the Convoca- 
tion. 



Canon 1874. 



i6 



CANONS OF THE DIOCESE OF MARYLAND. 



CANON X. [A. X.] 

Of the Support of Ministers. 

Whereas, it is enjoined, that the minister of the Gospel shall live of 
the Gospel, and it is the right and duty of every parishioner, or mem- 
ber of a Congregation, to contribute his or her share to the support 
of the Ministry, as God hath given ability; and whereas, it is the busi- 
ness of the Vestry of each Parish, or Congregation to take care for 
the fulfilment of the Divine command, by the diligence of the people: 
It shall be the duty of the Vestry of each Parish, or Congregation, to 
provide, by taking care for the gathering of offerings, in Divine ser- 
vice, except the alms at Holy Communion, or, by the procurement and 
collections of subscriptions, or of pew-rents, by committees or other- 
wise, for the payment of the amount stipulated for the support of the 
Rector or Minister, or Ministers, quarterly, in advance: or at such 
intervals, and on such conditions, as may be stipulated and agreed 
upon by tiie Vestry and Rector, or Minister, or Ministers, and it shall 
be the duty of every Lay Delegate, at every Annual Convention, to 
report to the Bishop, and to state distinctly whether this Canon shall 
have been obeyed; and it shall be the duty of the Secretary of the Con- 
vention to report, at some time before the close of each Annual Con- 
vention, and enter on the Journal, a list of the names of all Parishes 
and Congregations, not reported as having fulfilled this Canon. 

Canons of 1850, 1856, 1872, 1873. 

CANON XL 

Of the Permanent Clerical Sustentation Fund. 

There shall be established, under the sanction of this Convention, 
and be held by it, a Fund to be entitled " The Permanent Clerical 
Sustentation Fund.'" Until otherwise directed, this Fund shall be 
administered by the Trustees of Church Charities ; and the income 
shall be allowed to accumulate, until it shall amount yearly to at least 
one thousand dollars. From and after that time the yearly income 
shall be paid over to the Committee of Missions of the Diocese for 
Pastoral Aid, and any surplus over what may be required for that purpose, 
shall be expended for the establishment and maintenance of Mission 
Stations within the Diocese. 
Canon 1875. Journal, p. 62. 



CAA'OA^S OF THE DIOCESE OF MARYLAND. 



17 



OF CLERICAL DISCIPLINE. 

CANON XII. [B. I.] 

Of the mode of instituting Proceedings against Clergymen. 

Whenever the Bishop shall, either from his own observation or from 
any information which he shall deem worthy of notice, have reason to 
believe that there are grounds for an investigation into the conduct of 
any Priest or Deacon of this Diocese, for having been guilty of offences, 
for which he is liable to be tried, according to Canon 2, Title II, of the 
Digest of the General Convention, he may, in his discretion, convene 
the Standing Committee, and lay before them the information in his 
possession. And whenever the Standing Committee, or a majority of 
them, shall, from any information so laid before them by the Bishop, or 
from any other information which they, or a majority of them, may 
think worthy of notice, be of opinion that it is proper that a judicial 
investigation of the conduct of any Priest or Deacon shoulcl take place, 
they shall present that fact to the Bishop, with such a general statement 
of the facts of the case as may serve for a ground work, upon which 
charges may be drawn. It shall be the duty of the Bishop, upon the 
receipt of such presentment, to cause the charge, or charges, to be drawn 
up in such form as will, with reasonable certainty, give to the accused 
notice of the particular matters charged as offences. The style of charge, 

or charges, shall be, " Articles, or charges, against , exhibited 

on behalf of the Church, to the Bishop of the Diocese of Maryland, by 

, acting as Church Advocate, in consequence of a presentment 

made to the said Bishop, by the Standing Committee of the said 
Diocese." 

Canons of 1788, 1790, 1800, 1801, 1835, 1847, 1859, 1862, 1873. 

CANON XIII. [B. 11. ] 

Of Advocates and of Parties. 

Whenever it shall be determined to bring to trial any Clergyman, the 
Bishop shall appoint one person, as Church Advocate, whose duty it 
shall be to prepare the charges and conduct the trial, on the part of the 
Church. It shall also be his duty to reduce the charges into form. He 
shall conduct the case with a single eye to eliciting the truth, and shall 
regard himself as much bound to protect the interests of the accused as 
2 



i8 



CAA'OXS OF THE DIOCESE OF MARYLAXD. 



those of the Church. The Church Advocate shall be considered the 
party on the one side ; and the accused on the other. The accused 
shall have a right to call in any one person, whom he may choose, ta 
assist him. 

Canon XXII, 1S35. Amended, 1S47, 1S73. ^ 

CANON XIV. [B. IIL] 

Of Ecclesiastical Courts. 

There shall be an Ecclesiastical Court, for the Diocese of Maryland, 
to try such charges as may be preferred against any Priest or Deacon 
of said Diocese. It shall be composed of seven Presbyters, not mem- 
bers of the Standing Committee. They shall be appointed by the 
Bishop, by and with the advice and consent of a majority of the 
Diocesan Convention, during the present Convention [1847], and 
biennially thereafter, and shall continue in office until others shall have 
been chosen in their places, unless sooner removed, by a vote of the 
Convention. The Bishop, by and with the advice and consent of the 
majority of the Convention, shall have power to fill all vacancies which 
may occur by such removal, or by death, resignation, removal from the 
Diocese, or election into the Episcopate, or Standing Committee. 
Provided, that whenever any vacancy occurs, from any of the aforesaid 
causes, in the interval between the sessions of the Convention, the 
Bishop shall have power to fill the same, until the meeting of the next 
Convention. Whenever a charge, or charges, against any Priest or 
Deacon of this Diocese shall have been reduced to writing by the 
Church Advocate, agreeably to the provisions of the Canons, it shall be 
his duty to deliver to the Bishop two copies of the same, signed with his 
own hand. It shall then be the duty of the Bishop to transmit one of 
the said copies to the accused, together with notice of the time and 
place of trial, both of which the Bishop shall prescribe. The charges 
and notice shall be delivered to the accused, or left at his place of abode, 
at least thirty days before the time appointed for the trial. The Bishop 
shall also issue a precept, directed to all the members of the Ecclesiastical 
Court, requiring them, or any five or more of them, to proceed to the 
trial of the accused, at the prescribed time and place, which precept, 
together with another copy of the charges, signed by the Church 
Advocate, shall be transmitted by the Bishop to the President of the 
Court, whose duty it shall be, upon receipt of the same, to cause all the 
members of the Court to be summoned to meet at the prescribed time 
and place. Any five of them, who shall attend, in pursuance of such 



CAiVOiVS OF THE DIOCESE OF MARYLAND. 



19 



summons, shall constitute the Court. It shall be the duty of the 
members of the Court to convene, immediately after the election, at a 
time and place to be appointed by the Bishop, and elect, from their own 
body, a President and Secretary. It shall be the duty of the Secretary, 
Avithin five days after such election, and after every change in the office 
of President, to notify the Bishop of the name of the person chosen 
President. 

Canons of 1788, 1S07, 1835, 1847, 1871. 

CANON XV. [B. IV.] 

Provisions relative to Discipline, during a vacancy in the Episcopal 

Office. 

In case of a vacancy in the Episcopal Office, the President of the 
Convention, for the time being, shall have and exercise all the powers 
relating to discipline, given to the Bishop by the Canons, except such as 
belong exclusively to the Episcopal Order. 

If the President of the Convention shall himself be the person accused, 
any two members of the Standing Committee may apply to any Bishop 
of the Protestant Episcopal Church in the United States, to exercise the 
powers of the Bishop of Maryland in the particular case, and the 
Standing Committee shall take the canonical steps for the trial of the 
accused, under the direction of such Bishop. 

Canons of 1800, 1835, 1847. 

CANON XVI. [B. v.] 

Of the Trial of Clergymen. 

Upon the trial of any Clergyman, upon any charge or charges, both 
parties shall have a right to summon witnesses and have reasonable 
delay, if necessary in the opinion of the court, to obtain their attend- 
ance : and both parties may take depositions, to be used at the trial, 
after giving to the other reasonable notice of the time and place of 
taking the same. No accused Clergyman shall be convicted of any 
offence, except upon the oath of two credible witnesses, or upon the 
oath of one witness, whose testimony is corroborated by pregnant cir- 
cumstances. 

All testimony shall be upon oath, which shall be administered by the 
President of the Court. 



20 



CANOA'S OF THE DIOCESE OF MARYLAND. 



All spectators shall be excluded except the Clergy of the Diocese and 
the Vestry of the Parish, or Congregation, with which the accused is 
connected, and such of the relations and friends of the accused, as to 
the Court may appear proper. The presence of a majority of the mem- 
bers of the Court shall be requisite to the transaction of any business, 
connected with the trial, and on the final question, whether the accused 
is guilty or not, no member shall be permitted to vote, or considered 
present, who shall not have been present at the delivery of all the testi- 
mony, during the whole trial, and of the defence of the accused, if he 
have made any. Unless a majority of the members of the Court, 
entitled to vote on the final question, of whether the accused is guilty, 
or not, shall vote that he is guilty, he shall be acquitted. And in no 
case shall he be found guilty, unless at least three members of the Court 
vote for his conviction. 

Canon IX, 1788. Amended, 1807, 1809, 1835, 1847, 1S73. 

CANON XVII. [B. VI.] 

Of the mode of Compelling the Appem'ance of an Accused Clergyman. 

If any Clergyman, accused of any offence, shall neglect to attend, at 
the time and place appointed for the meeting of the Court, which is 
convened to try him, after due notice given to him, the Court shall 
report the fact to the Bishop, who shall suspend such Clergyman from 
the Ministry, for contumacy, until he shall appear and demand a trial. 
If he apply to the Bishop, within six months, from the day on which the 
sentence of suspension shall have been pronounced, for a trial, a Court 
shall be convened, and the trial proceed, in the manner provided for in 
the Canons. If he shall not apply for a trial, within six months, the 
Bishop shall pronounce sentence of degradation from the Ministry, for 
contumacy. 

Canon XXII, 1835. Canon XI, 1847. 

CANON XVIII. [B. A'll.] 

Of Clergymen who shall be charged with renouncing the Ministry, or 
separating themselves froin the Communion of the Church, and shall 
neglect to ans'wcr such cliarge. * 

If any Clergyman shall be charged with wilfully discontinuing, 
without lawful cause, the Ministry of this Church, or with separating 
himself from her Communion, and shall, after having been canonically 



CANONS OF THE DIOCESE OF MARYLAND. 



21 



notified of the time and place of trial, neglect to appear at such time 
and place, it shall be lawful for the Court, if they think proper to do so, 
to hear the case in his absence ; and, if the majority shall find him 
guilty, to report to the Bishop, as if he had appeared, whereupon the 
Bishop shall proceed to pass sentence. 

Canon XII, 1847. 

CANON XIX. [B. VIII.] 

Of Ecclesiastical Sentences. 

If the accused, after a canonical trial, shall be found guilty, by a 
canonical majority, the opinion of the Court, together with all their 
proceedings, including all the testimony taken on the case, shall be 
transmitted to the Bishop, before it is transmitted to the accused, or in 
any way made public. The Court shall also declare to the Bishop the 
punishment, which, in their opinion, the offence, or offences, deserves. 
Should he concur in opinion with the Court, he may proceed to re- 
prove, suspend, or degrade, as the offence may be thought by him to 
deserve ; always provided, that he shall inflict no punishment beyond 
that recommended by the Court. 

Canon IX, 1788. Amended, 1801, 1835, 1847. 

CANON XX. [B. IX.] 

Of the Promulgation of Ecclesiastical Sentences. 

All sentences, of reproof, suspension, or degradation, shall be pro- 
nounced by the Bishop. A copy of a sentence of suspension shall be 
sent to the accused, and another to the Vestry, or Vestries, of the 
Parish, or Parishes, or Congregation, or Congregations, with which he 
may be canonically connected, and such other publicity may, be given 
to it, as the Bishop may think expedient. A sentence of degradation 
shall be made known, in the manner directed by Canon XXXIX of 
the General Convention of 1832.* 

Canon XXII, 1835. Amended, 1847. 
* Digest, Title II, Canon 5, §1. 



22 



CAXOXS OF THE DIOCESE OF MARYLAND. 



CANON XXI. [B. X.] 

Provision for Pronouncing Sentence on Clergymen, during a Vacancy in 
the Episcopal Office. 

In case any Clergyman, who shall have been duly notified of the time 
and place fixed for his trial, shall have neglected to appear, or been 
canonically fomid guilty of any charge, the Court may transmit their 
report, in the case of contumacy, or, in case of conviction, their opinion, 
with the testimony and other proceedings, to the Bishop of some other 
Diocese, who shall be requested, and is hereby authorized, to act thereon, 
and proceed in the same manner, as he would be authorized to do, 
were he the Bishop of this Diocese, 

Canon XX, 1835. Amended, 1847. 



REGULATIONS RESPECTING THE LAITY. 

CANON XXII. [C. I.] 

Communicants to have Family Worship. 

It shall be the duty of every Communicant in this Church, who is 
the head of a family, to live in the daily exercise of family worship. 

Canon XA^II, 1801. Amended, 1835, 1847. 

CANON XXIII. [C. II.] 

The members of this Church to instruct their families, in the principles 

of Religion. 

The members of this Church shall instruct their families, as far as 
they are able, in the principles of the Christian Religion, and shall 
cause their children to attend the catechetical instructions of their 
Rector; and as soon as they are sufficiently informed and impressed 
with the importance and sacredness of their baptismal vow, they shall 
present tl-^m to the Rector, as candidates for Confirmation; who shall 
examine them, and, if satisfied of their fitness, recommend them to the 
Bishop for Confirmation. 

Canon XVIII, 1801. Amended, 1835, 1847. 



CAA'ONS OF THE DIOCESE OF MARYLAND. 



23 



CANON XXIV. [C. III.] 

Ministers to be careful in admitting to the Hol\ Conwiunion. 

No member of this Church, who has not previously communed, shall 
offer himself for the reception of the Lord's Supper, nor shall any 
Minister enroll any persons, as Communicants of his Congregation, 
until the Minister shall have conversed with such person, or persons, 
on the subject, or until he shall be satisfied, that they have been regu- 
lar Communicants, in his own, or some other. Congregation. 

Canon VIII, 1790. Amended, 1S35, 1847. 

CANON XXV. [C. R'.] 

Excluding from the Holy Communion, and Sponsorship in Baptism, 
notorious transgressors. 

Ministers shall be careful, not to admit any persons to the Holy 
Communion, or as Sponsors in Baptism, who are notorious transgres- 
sors, and the Vestries of vacant Parishes shall endeavor to prevent such 
persons from being imposed on ^Ministers visiting such Parishes. 

Canon XXII, 1801, Amended, 1835, 1847. 

CANON XXVI. [C. v.] 

Communicants who neglect to receive the. Lord's Supper, to be stiicken 

from the roll. 

Any Communicant, who shall neglect, for six months successively, 
to att^end the celebration of the Lord's Supper, having opportunity, 
may, at the discretion of his, or her. Rector, be stricken from the list of 
Communicants, unless satisfactory reasons for such neglect be assigned 
to the Rector. 

Canon XIX, 1835, Amended, 1847. 



24 



CANONS OF THE DIOCESE OF MARYLAND. 



MISCELLANEOUS CANONS. 

CANON XXVII. [D. I.] 

Of Parish Registei s. 

Whereas, by Canon 14, §v, Title I, of the Digest of the General 
Convention, "Every Minister of this Church is required to keep a 
Register of Baptisms, Confirmations, Communicants, Marriages, and 
Funerals, within his cure, agreeably to such rules as may be provided 
by the Convention of the Diocese where his cure lies" ; it is hereby 
made the duty of the Vestry of each Parish, or Church, to provide a 
suitable and substantial book ; which book shall be the <■'■ Parish 
Register ' ' ; which shall be kept by the Minister of the Parish, or Church, 
and left, upon his death or removal, for the use of his successor. It 
shall be the duty of every Minister, in making the records, to specify 
the name and date of birth, of each child baptized, with the names of 
the parents and sponsors ; the name of the adult baptized and the 
witnesses ; also the name of the officiating Minister ; the names of the 
persons confirmed, and the name of the Bishop who performed the rite ; 
the names of the Communicants in the Parish, or Congregation, with 
the incidents of removal, death, or discipline ; the names of the parties 
married, and the name of the officiating Minister ; the names and ages 
of the persons buried, as also the time when, and place where, each rite 
was performed. 

Every Minister shall also make out and continue, as far as practicable,, 
a list of all the families and adult persons within his cure. 

Canons, I, II, III, IV, 1790. Amended, 1835, 1873. 

CANON XXVni. [D. II.] ' 

Of the Standing Committee. 

Whereas, by Canon 2, §1, Title III, of the Digest of the General 
Convention, it is required that, ''In every Diocese there shall be a 
Standing Committee, to be appointed by the Convention thereof, whose 
duties, except so far as provided for by the Canons of the General Con- 
vention, may be prescribed by the Canons of the respective Dioceses" ; 
therefore, in addition to the Canons of the General Convention and 
the provision of the 9th article of the Constitution of the Diocese of 
Maryland, touching Standing Committees, it is hereby declared, that 



CANONS OF THE DIOCESE OF MARYLAND. 



25 



the Bishop shall have power to call special meetings of the Standing 
Committee, at such times and places as may appear to him to be neces- 
sary and expedient ; and also, that, if, from any cause, the Annual Con- 
vention should not be held at the appointed time, or, if such Convention 
should be held, but no election be made, then the last Standing Com- 
mittee elected, shall continue to perform the duties of the office, until a 
new election takes place. It shall be the duty of the Secretary of this 
Committee to keep a faithful record of all its proceedings ; which record, 
together with all records in their hands, relative to the Church, shall be 
subject to the examination of the Bishop. They shall annually make a 
Report to the Convention of their official acts. 

Canon, XXIX, .1847. Amended, 1873. Last two sentences added 1876. Journal 
pp. 50, SI- 
CANON XXIX. [D. III.] 

Of Vacant Parishes or Congregations. 

Sec. I. When a Parish or Congregation becomes vacant, it shall be 
the duty of the Vestry forthwith to give notice thereof to the Bishop, or, 
if there be no Bishop, to the President of the Standing Committee. 

Sec. 2. It shall also be the duty of the Vestry to make suitable pro- 
vision for the due and regular performance of Divine Services, and for 
such ministerial acts as may be required, during the vacancy. Should 
the Vestry fail, through neglect or inability, for the space of one calendar 
month, to make such provision, it shall then be the duty of the Bishop, 
or, if there be no Bishop, of the President of the Standing Committee, 
to take such order for the temporary supply as in each case may be 
practicable; and it shall be the duty of the Vestry of the Parish or Con- 
gregation thus supplied to defray the reasonable expenses thus incurred. 

Canons of 1800, .1812, 1835, 1847, 1848, 1888. See Journal, 1888, p. 18, for 
present Canon. 

CANON XXX. [D. IV.] 

Providing the Elements of the Holy Coninmnion. 

In every Parish, or Church, the Churchwardens, if required by the 
Rector, shall provide the elements of bread and wine for the Holy 
Communion. 



SELECTKD CANONS 

OF THE 

GENERAL CONVENTION. 



CANON 9. TITLE L 
Of Lay Readei's. 

§ i. A Lay Communicant of this Church may receive from the Bishop 
a written license to conduct the service of the Church in a Congrega- 
tion convened for public worship, as a Lay Reader ; but such license 
shall not be granted for conducting the service in a Congregation with- 
out a Minister, which is able, and has had reasonable opportunity, to 
secure the services of an ordained Minister. Such license may be given 
by the Bishop, of his own motion, for service in any vacant Parish, Con- 
gregation, or Mission ; but where a Rector is in charge, his request and 
recommendation must have been previously signified to the Bishop. 
Such license must be given for a definite period not longer than one 
year from its date ; but it may be renewed from time to time by the 
Bishop's indorsement to that effect. The license of any Lay Reader 
may be revoked at the discretion of the Ecclesiastical Authority. 

§ ii- A Lay Reader so licensed shall not act as such in any Diocese 
other than his own, unless he shall have received another license from 
the Bishop of the Diocese in which he desires to serve. If he be a stu- 
dent in any Theological Seminary, he shall also obtain the permission 
of the presiding officer of such institution. 

§ iii. Every Lay Reader shall be subject to such regulations as may 
be prescribed by the Ecclesiastical Authority. In all matters relating to 
the conduct of the service, and to the Sermons or Homilies to be read, 
he shall conform to the directions of the Minister in charge of the Parish, 
Congregation, or Mission in which he is serving, or, where there is no 
Minister in charge, to the directions of the Bishop. He shall not use 
the Absolution, nor the Benediction, nor the Offices of the Church, 
except those for the Burial of the Dead, and for Visitation of the Sick 
and of Prisoners, omitting in these last the Absolutions and Benedic- 
tions. He shall not deliver Sermons of his own composition ; but he 
may deliver addresses, instructions, and exhortations as a catechist in 
vacant Parishes, Congregations, or Missions, if he be specially licensed 
thereto by the Bishop. He shall not assume the dress appropriate to 
Clergymen ministering in the Congregation. 



CANONS OF THE GENERAL CONVENTION. 



27 



CANON 13. TITLE I. 

Of Persons not Ministers in this Church officiating in any Congregation 

thereof. 

No Minister in charge of any Congregation of this Church, or, in case 
of vacancy or absence, no Churchwardens, A^estrymen, or Trustees of 
the Congregation, shall permit any person to officiate therein, without 
sufficient evidenee of his being duly licensed or ordained to minister in 
this Church: Provided, that nothing herein shall be so construed as to 
forbid communicants of the Church to act as Lay Readers. 

Canon 11, Title I, Sections i and ii, is hereby repealed: - Provided, 
that such repeal shall not affect any case of a violation of said Canon 
committed before this date; but such case shall be governed by the same 
law as if no such repeal had taken place. 

CANON 14. TrrLE L 

General Regulations of Ministers and their Duties. 

§ i. [i.] It is hereby required that, on the election of a Minister into 
any Church or Parish, the Vestry shall deliver, or cause to be delivered, 
to the Bishop, or where there is no Bishop, to the Standing Committee 
of the Diocese, notice of the same, in the following form, or to this 
effect: 

We the Churchwardens \^or, in case of an Assistant Minister, We, the 
Rector and Churchwardens], do certify to the Right Rev. \_na7?iing the 
Bis]iop~\, or to the Rev. \jianiing the President of the Standing Committee^, 
that \jiaining the person'] has been duly chosen Rector [_or, Assistant 
Minister, as the case may be~\ of \naming the Parish or Church.] 

Which certificate shall be signed by the names of those who certify. 

[2.] If the Bishop or th*e Standing Committee be satisfied that the 
person so chosen is a qualified Minister of this Church, the Bishop, or the 
President of the Standing Committee, shall transmit the said certificate 
to the Secretary of the Convention, who shall record it in a book to be 
kept by him for that purpose. 

[3.] And if the Minister be a Presbyter, the Bishop, or President of 
the Standing Committee, may, at the instance of the Vestry, proceed to 
have him instituted according to the Office established by this Church, 
if that Office be used in the Diocese. But if he be a Deacon, the act of 
institution shall not take place until after he shall have received Priest's 
Orders. This provision concerning the use of the Office of Institution 
is not to be considered as applying to any Congregation destitute of a 
house of worship. 

§ ii. No Minister, removing from one Diocese or Missionary District 
to another, shall officiate as the Rector, Stated Minister, or Assistant 
Minister of any Parish or Congregation of the Diocese or District to 



28 



CAA^OXS OF THE GENERAL CONVEXTIOX. 



which he removes, until he shall have obtained from the Ecclesiasticat 
Authority a certificate in the words following: 

I hereby certify that the Rev. A. B. has been canonically transferred 
to my jurisdiction, and is a minister in regiilar standing. 

§ iii. [i.] The ^Ministers of this Church who have charge of parishes 
or cures, shall not only be diligent in instructing the children in the 
Catechism, but shall also, by stated catechetical lectures and instruc- 
tion, be diligent in informing the youth and others in the Doctrine, 
Constitution, History, and Liturgy of the Church. They shall also 
diligently instruct all in their cures concerning the missionary work of 
the Church at home and abroad, and ofter suitable opportunities for 
contributions from time to time for the maintenance of that work. 

[2.] The Alms and Contributions at the Administration of the Holy 
Communion shall be deposited with the Minister of the Parish, or with 
such Church officer as shall be appointed by him, to be applied by the 
^Minister, or under his superintendence, to such pious and charitable uses 
as shall by him be thought fit. 

§ iv. [i.] It shall be the duty of ^Ministers to prepare young persons 
and others for the holy ordinance of Confirmation. And on notice 
being received from the Bishop of his intention to visit any Church, 
which notice shall be at least one month before the intended visitation, 
the Minister shall give immediate notice to his parishioners, individually, 
as opportunity may offer, and alsc to the Congregation on the first 
occasion of public worship after the receipt of said notice. And he 
shall be ready to present for Confirmation such persons as he shall 
think properly qualified and shall deliver to the Bishop a list of the 
names of those confirmed.* 

[2.] And at every visitation it shall be the duty of the Minister, and 
of the Churchwardens or A'estry, to give information to the Bishop of 
the state of the Congregation, under such heads as shall have been com- 
mitted to them in the notice given as aforesaid. 

[3.] And further, the Ministers and Churchwardens of such Congre- 
gations as cannot be conveniently visited in any year, shall bring or 
send to the Bishop, at the stated meeting *of the Convention of the 
Diocese, information of the state of the Congregation, under such heads 
as shall have been committed to them at least one month before the 
meeting of the Convention. 

§ V. [i.] Every ^^linister of this Church shall keep a Register of 
Baptisms, Confirmations, Communicants, Marriages, and Funerals, 
within his cure, agreeably to such rules as may be provided by the Con- 
vention of the Diocese where his cure lies ; and if none such be provided, 
then in such manner as in his discretion he shall think best suited to the 
uses of such a register. 

[2.] The intention of the Register of Baptisms is hereby declared to 
be, as for other good uses, so especially for the proving of the right of 
the Church-membership of those who may have been admitted into this 
Church by the holy ordinance of Baptism. 

[3.] Every ^Minister of this Church shall make out and continue, as 
far as practicable, a list of all families and adult persons within his cure. 



caiVOjVS of the general convention. 



29 



to remain for the use of his successor, to be continued by him, and by 
every future Minister in the same Parish. 

§ vi. [i.] No Minister belonging to this Church shall officiate, either 
by preaching, reading prayers, or otherwise, in the Parish, or within 
the parochial cure, of another Clergyman, unless he have received ex- 
press permission for that purpose from the Minister of the Parish or cure, 
or, in his absence, from the Churchwardens and Vestrymen, or Trustees 
of the Congregation, or a majority of them. 

[2.] Where Parish boundaries are not defined by law, or settled by 
Diocesan authority under Section ii of Canon 5 of Title III of this 
Digest, or are not otherwise settled, they shall, for the purposes of this 
Section, be defined by the civil divisions of the State, as follows: 

Parochial boundaries shall be the limits, as now fixed by law, of any 
village, town, township, incorporated borough, city, or the limits of 
some division thereof which may have been recognized by the Bishop, 
acting with the advice and consent of the Standing Committee, as con- 
stituting the boundaries of a Parish. 

If there be but one Church or Congregation within the limits of such 
village, town, township, borough, city, or such division of a city or 
town as herein provided, the same shall be deemed the parochial cure of 
the Minister having charge thereof. If there be two or more Congre- 
gations or Churckes therein, it shall be deemed the cure of the Ministers 
thereof, and the assent of a majority of such Ministers shall be necessary; 
but nothing in this Canon shall be construed to prevent any Clergy- 
man of this Church from officiating in any Parish Church or in any 
place of public worship used by any Congregation of this Church, or 
elsewhere within the parochial cure of the Minister of the said Congre- 
gation, with the consent of the Clergyman in charge of such Congrega- 
tion ; or, in his absence, of the Churchwardens and Vestrymen or 
Trustees of such Congregation, or of a majority of them. 

When, under Diocesan authority, a ne\v Parish is constituted, and its 
boundaries defined, this section shall be applicable to the same as so 
established. 

[3.] If any IMinister of the Church, from inability or any other cause, 
neglect to perform the regular services in his Congregation, and refuse, 
without good cause, his consent to any other Minister of the Church to 
officiate within his cure, the Churchwardens, Vestrymen, or Trustees of 
such Congregation shall, on proof of such neglect or refusal before the 
Bishop of the Diocese, or, if there be no Bishop, before the Standing 
Committee, or before such persons as may be deputed by him or them, 
or before such persons as may be, by the regulations of this Church in 
any Diocese, vested with the power of hearing and deciding on com- 
plaints against Clergymen, have power, with the written consent of the 
before-mentioned authority, to open the doors of their Church to any 
regular Minister of the Protestant Episcopal Church. 

[4.] This Canon shall not aft'"ect any legal rights of property of any 
Parish. 

§ vii. [i.] A IMinister of this Church removing within the jurisdiction 
of any Bishop or other Ecclesiastical Authority, shall, in order to gain 



30 



CANOA'S OF THE GENERAL CONVENTION. 



canonical residence within the same, present to said Ecclesiastical 
Authority a testimonial from the Ecclesiastical Authority of the Diocese 
or Missionary District in which he last resided, which testimonial shall 
set forth his true standing and character. The testimonial may be in 
the following words : 

I hereby certify that A. B. . who has signified to me his desire to be • 

transferred to the Ecclesiastical Authority of , is a Presbyter (or 

Deacon) of . in regular standing, and has not, so far as I know 

or believe, been justly liable to evil report, for error in religion or 
viciousness of life, for three years last past. 

[2.] All such testimonials shall be called Letters Dimissory. No 
such letter shall affect a ^Minister's canonical residence, until, after 
having been presented according to its address, it shall have been 
accepted, and notification of such acceptance given to the authority 
whence it proceeded. The residence of the Minister so transferred shall 
date from the acceptance of his letter of transfer. If not presented 
within three months after its date, it may be considered as void by the 
authority whence it proceeded ; and shall be so considered, unless it be 
presented within six months. 

[3.] If a ^Minister, removing into another Diocese, who has been 
called to take charge of a Parish or Congregation, shall present a testi- 
monial in the form afoiesaid, it shall be the duty of*the Ecclesiastical 
Authority of the Diocese to which he has removed, to accept it, unless 
the Bishop or Standing Committee should have heard rumors, that he 
or they believe to be well founded, against the character of the Minister 
concerned, which would form a proper ground of canonical inquiry, and 
presentment : in which case the Ecclesiastical Authority shall communi- 
cate the same to the Bishop or Standing Committee of the Diocese to 
whose jurisdiction the said Minister belongs ; and, in such case, it shall 
not be the duty of the Ecclesiastical Authority to accept the testimonial, 
unless, and until, the ^Minister shall be exculpated from the said charges. 

[4.] It shall be the duty of all ^Ministers, except Professors in the 
General Theological Seminary, Professors and Tutors in any University 
or College which is maintained and governed by two or more Dioceses, 
associated for that purpose. Officers of the Board of ^Missions, and 
Chaplains in the Army and Navy, to obtain and present letters of 
transfer as above described, whenever they remove from one Diocese or 
jNIissionary District to any other Diocese or Missionary District, whether 
Domestic or Foreign, and remain there for the space of six months. 
But when a Diocese is divided into two or more Dioceses, any Professor 
in a Theological Seminary therein, Avhich is governed by Trustees from 
every part of such original Diocese, may select to which of said Dioceses 
he shall belong, and shall not be obliged to obtain and present the 
above-mentioned letters of transfer. 



% 



CA.VONS OF THE GENERAL CONVENTION. 



31 



CANON 17. TITLE L 

Of the Mode of Securing an Ac citrate View of the State of the Church. 

§ i. As a full and accurate view of the state of the Church, from time 
to time, is highly useful and necessary, it is hereby ordered that every 
Minister of this Church, or if the parish be vacant the Wardens, shall 
present, or cause to be delivered, on or before the first day of every 
Annual Convention, to the Bishop of the Diocese, or where there is no 
Bishop to the President of the Convention, a statement of the number of 
Baptisms, Confirmations, Marriages, and Funerals, and of the number 
of Communicants in his, Parish or Church ; also the state and condition 
of the Sunday Schools in his Parish ; also of the amount of the Com- 
munion alms, the contributions for Missions, Diocesan, Domestic, and 
Foreign, for Parochial Schools, for Church purposes in general, and of 
all other matters that may throw light on the state of the same. And 
every Clergyman, not regularly settled in any Parish or Church, shall 
also report the occasional services he may have performed ; and, if he 
have performed no such services, the causes or reasons which have 
prevented the same. And these reports, or such parts of them as the 
Bishop shall think fit, may be read in Convention, and shall be entered 
on the journals thereof. 

§ ii. At every Annual Diocesan Convention, the Bishop shall deliver 
an Address, stating the affairs of the Diocese since the last meeting of 
the Convention ; the names of the Churches which he has visited ; the 
number of persons confirmed ; the names of those who have been received 
as Candidates for Orders, and of those who have been ordained, 
suspended, or degraded ; the changes by death, removal, or otherwise, 
which have taken place among the Clergy ; and in general, all matters 
tending to throw light on the affairs of the Diocese ; which address shall 
be inserted on the journals. 

§ iii. At every General Convention, the journals of the different 
Diocesan Conventions, since the last General Convention, together with 
such other papers, viz., Episcopal charges, addresses, and pastoral 
letters, as may tend to throw light on the state of the Church in each 
Diocese, shall be presented to the House of Deputies. A Committee 
shall then be appointed to draw up a view of the state of the Church, 
and to make report to the House of Deputies ; which report, when agreed 
to by the said House, shall be sent to the House of Bishops, with the 
request that they will draw up, and cause to be published, a Pastoral 
Letter to the members of the Church. And it is hereby made the duty 
of every Clergyman having a pastoral charge, when any such Letter is 
published, to read the said Pastoral Letter to his congregation on some 
occasion of public worship. 

§ iv. It shall be the duty of the Secretary of the Convention of every 
Diocese, or of the person or persons with whom the journals or other 
Ecclesiastical papers are lodged, to forward to the House of Deputies, 



32 



CANONS OF THE GENERAL CONVENTION. 



at every General Convention, on or before the first Monday of the 
session, the documents and papers specified in this Canon. 

§ V. It shall be the duty of the Bishop and Standing Committee of 
the Church in every Diocese, or if there l3e no Bishop, of the Standing 
Committee only, to prepare, previously to the meeting of every General 
Convention, a condensed report, and a tabular view of the state of the 
Church in their Diocese, comprising therein a summary of the statistics 
from the parochial reports, and from the Bishop's addresses, specifying, 
as far as possible, the capital and proceeds of the Episcopal fund, and of 
all Benevolent and Missionary associations of Churchmen within the 
Diocese, and present the same to the Secretary of the House of Deputies 
on or before the first Monday of the session, for the purpose of aiding 
the Committee on the state of the Church, appointed by the House of 
Deputies, in drafting their report. 

§ vi. All incorporated schools, all parochial schools, all academies and 
colleges, and all hospitals, asylums for orphans' or other children of 
either sex, maintained at the expense, or conducted under the manage- 
ment of members of this Church, are e:^pected to report annually to the 
Bishop of the Diocese at the annual Convention, such reports to be 
disposed of as the parochial reports ; and at every General Convention 
the tabular view of the state of the Church in each Diocese, and the 
.report of the Committee on the state of the Church, shall include the 
results of such reports. 

CANON 20. TITLE I. 
Of the Due Celebration of Sundays. 

» 

All persons within this Church shall celebrate and keep the Lord's 
Day, commonly called Sunday, in hearing the word of God read and 
taught, in private and public prayer, in other exercises of devotion, and 
in acts of charity, using all godly and sober conversation. 

CANON 21. TITLE I. 
Of the Use of the Book of Common P?'ayer. 

§ i. Every Minister shall, before all sermons and lectures, and on all 
other occasions of public worship, use the Book of Common Prayer, as 
the same is or may be established by the authority of the General Con- 
vention of this Church; and in performing such service, no other prayers 
shall be used than those prescribed by the said Book. 

§ ii. [i.] If any Bishop have reason to believe, or if complaint be 
made to him in writing by two or more of his Presbyters, that within 
his jurisdiction ceremonies or practices not ordained or authorized in 
the Book of Common Prayer, and setting forth or symbolizing erroneous 
or doubtful doctrines, have been introduced by any Minister during the 
celebration of the Holy Communion (such as. 



CANOA'S OF THE GENERAL CONVENTION. 



33 



a. The elevation of the Elements in the Holy Communion in such 
manner as to expose them to the view of the people as objects toward 
which adoration is to be made. 

Ik Any act of adoration of or toward the Elements in the Holy Com- 
munion, such as bowings, prostrations, or genuflections; and 

c. All other like acts not authorized by the Rubrics of the Book of 
Common Prayer:) 

It shall be the duty of such Bishop to summon the Standing Com- 
mittee as his Council of Advice, and with them to investigate the matter. 

[2.] If, after investigation, it shall appear to the Bishop and Standing 
Committee that ceremonies or practices not ordained or authorized as 
aforesaid, and setting forth or symbolizing erroneous or doubtful doc- 
trines, have in fact been introduced as aforesaid, it shall be the duty of 
the Bishop, by instrument of writing under his hand, to admonish the 
Minister so offending to discontinue such practices or ceremonies ; and 
if the Minister shall disregard such admonition, it shall be the duty of 
the Standing Committee to cause him to be tried for a breach of his 
ordination vow. 

Provided, That nothing herein contained shall prevent the present- 
ment, trial, and punishment of any Minister under the provisions of 
Section i, Canon 2, Title II of the Digest. 

[3.] In all investigations under the provisions of this Canon, the 
Minister whose acts or practices are the subject-matter of the investiga- 
tion, shall be notified, and have opportunity to be heard in his defence. 
The charges preferred, and the findings of the Bishop and Standing 
Committee, shall be in writing, and a record shall be kept of the pro- 
ceedings in the case. 

CANON 24. TITLE 1. 
Of the Consecration of Churches. 

§ i. No Church or Chapel shall be consecrated until the Bishop shall 
have been sufficiently certified that the building and ground on which it 
is erected have been fully paid for, and are free from lien or other in- 
cumbrance; and also that such building and ground are secured, by the 
terms of the devise, or deed, or subscription by which they are given, 
from the danger of alienation, either in whole or in part, from those 
who profess and practise the doctrine, discipline, and worship of the 
Protestant Episcopal Church in the United States of America, except in 
the cases provided for in Sections ii and iii of this Canon : Provided, 
that this shall not preclude the alienation of lots for burial in vaults or 
otherwise, nor apply to land owned by the Church corporation and not 
necessary for religious uses. 

§ ii. It shall not be lawful for any Vestry, Trustees, or other body 
authorized by law of any State or Territory, to hold property for any 
Diocese, Parish, or Congregation, to incumber or alienate any conse- 
crated Church or Chapel without the previous consent of the Bishop, 
acting with the advice and consent of the Standing Committee of the 

3 



34 



CAA^O.VS OF THE GEXERAL CONVENTION. 



Diocese in which such Church or Chapel be situated : Provided, that 
this section shall not be operative in any State with the laws of which, 
relating to the title and holding of property by religious corporations, 
the same may conflict. 

§ iii. Xo consecrated Church or Chapel shall be removed, taken down, 
or otherwise disposed of for any ' 'unhallowed, worldly, or common 
use," without the previous consent of the Bishop, acting with the advice 
and consent of the Standing Committee of the Diocese in which such 
Church or Chapel may be situate. 



CANOX 4- TITLE II. 

Of Differences between Ministers and their Congregations, and of the 
Dissolution of a Pastoral Connection. 

§ i. A Rector, canonically elected and in charge, or an Instituted 
Minister, may not resign his Parish without consent of the said Parish 
or its Vestry (if the Vestry be authorized to act in the premises) ; nor 
may such Rector or [Minister be removed therefrom by said Parish or 
Vestry against his will, except as hereinafter provided. 

§ ii. In case any urgent reason or reasons should occasion a wish in 
a Rector or ^Minister as aforesaid, or in the Parish committed to his 
charge, to bring about a separation and a dissolution of all pastoral re- 
lation between such Alinister and Parish, and the parties be not agreed 
in respect of such separation and dissolution, notice of such desire and 
disagreement may be given by either party to the Ecclesiastical Authority 
of the Diocese or Missionary Jurisdiction, in writing. And in case of 
any difference between the [Minister and Parish or Vestry as aforesaid, 
which may not be satisfactorily settled by the godly judgment of the 
Bishop alone, or which he may decline to consider without counsel, the 
Bishop for if the Diocese be vacant, any Bishop selected by the Ecclesi- 
astical Authority), acting with the advice and consent of the Standing 
Committee of the Diocese or Missionary Jurisdiction, or with that of 
the Presbyters only of said Standing Committee (if both parties shall 
assent to such limitation in writing), shall be the ultimate arbiter and 
judge; and refusal to accept and comply with the arbitration and judg- 
ment on the part of the [Minister aforesaid, shall not work a continu- 
ance of lawful and canonical Rectorship or settlement beyond the date 
fixed, conditionally or otherwise, for its termination by such arbitration 
and judgment, should such termination be recommended and required ; 
but such pastoral connection shall, unless otherwise agreed by the 
parties, cease and terminate as therein required. But such refusal shall 
subject the Minister so refusing to inhibition by the Bishop aforesaid 
from all ministerial offices and functions within the Diocese or [Missionary 
Jurisdiction; and such refusal on the part of a Parish shall disqualify it 
from representation in the Convention of the Diocese until it shall have 
been declared by the Ecclesiastical Authority to have given satisfactory 



CANONS OF THE GENERAL CONVENTION. 



35 



•guaranties for the acceptance of and compliance with the arbitration 
and judgment. 

§ iii. In case of the regular and canonical dissolution of the connec- 
tion between a Minister and his Congregation, the Bishop, or if there be 
no Bishop, the Standing Committee, shall direct the Secretary of the 
Convention to record the same. But if the dissolution of the connection 
between a Minister and his Congregation be not regular or canonical, 
the Bishop or Standing Committee shall lay the same before the Con- 
vention of the Diocese, in order that the above-mentioned penalties may 
take effect. 

§ iv. This Canon shall not be in force in any Diocese which has 
made, or shall hereafter make, provision by Canon upon this subject, 
nor in any Diocese with whose laws or charters it may interfere. 

CANON 12. TITLE II. 
Regulations respecting the Laity. 

§ i. A communicant removing from one Parish to another shall pro- 
cure from the Rector (if any) of the Parish of his last residence, or, if 
there be no Rector, from one of the Wardens, a certificate stating that 
lie or she is a communicant in good standing ; and the Rector of the 
Parish or Congregation to which he or she removes shall not be required 
to receive him or her as a communicant until such letter be produced. 

§ ii. [i.] If any persons within this Church offend their brethren by 
any wickedness of life, such persons shall be repelled from the Holy 
•Communion, agreeably to the rubric. 

[2.] There being the provision in the second rubric before the Com- 
munion Service requiring that every Minister repelling from the Com- 
munion shall give an account of the same to the Ordinary, it is hereby 
provided that, on the information to the effect stated being laid before 
the Ordinary, that is, the Bishop, it shall not be his duty to institute 
an inquiry, unless there be a complaint made to him in writing by the 
repelled party, within three months from such repulsion. But on re- 
ceiving complaint, it shall be the duty of the Bishop, unless he thinks 
fit to restore him from the insufficiency of the cause assigned by the 
Minister, to institute an inquiry, as may be directed by the Canons of 
the Diocese in which the event has taken place. And should no such 
Canon exist, the Bishop shall proceed according to such principles of 
law and equity as will insure an impartial decision. And the notice, 
given as above by the Minister, shall be a sufficient presentation of the 
party repelled. 

[3.] In case of great heinousness of offence on the part of members of 
this Church, they may be proceeded against to the depriving them of all 
privileges of Church membership, according to such rules or process as 
may be provided by the General Convention ; and until such rules or 
process shall be provided, by such as may be provided by the different 
Diocesan Conventions. 



36 



CANONS OF THE GENERAL CONVENTION. 



CANON 13. TITLE II. 
Of Marriage and Divorce. 

§ i. If any persons be joined together otherwise than as God's Word 
doth allow, their marriage is not lawful. 

§ ii. No Minister, knowingly after due inquiry, shall solemnize the 
marriage of any person who has a divorced husband or wife still living, 
if such husband or wife has been put away for any cause arising after 
marriage ; but this Canon shall not be held to apply to the innocent, 
party in a divorce for the cause of adultery, or to parties once divorced 
seeking to be united again. 

§ iii. If any Minister of this Church shall have reasonable cause to 
doubt whether a person desirous of being admitted to Holy Baptism, or 
to Confirmation, or to the Holy Communion, has been married other- 
wise than as the Word of God and discipline of this Church allow, such 
Minister, before receiving such person to these ordinances, shall refer 
the case to the Bishop for his godly judgment thereupon : Provided, how- 
ever, that no Minister shall, in any case, refuse the Sacraments to a 
penitent person in imminent danger of death. 

§ iv. Questions touching the facts of any case arising under Section 
ii of this Canon shall be referred to the Bishop of the Diocese or Mis- 
sionary Jurisdiction m which the same may occur ; or if there be nO' 
Bishop of such Diocese or Missionary Jurisdiction, then to some Bishop 
to be designated by the Standing Committee ; and the Bishop to whom 
such questions have been so referred shall thereupon make inquiry in such 
manner as he shall deem expedient, and shall deliver his judgment in 
the premises. 

§ V. This Canon, so far as it affixes penalties, does, not apply to 
cases occurring before it takes effect, according to Canon 4, Title IV. 



Canon of 1868. Amended 1877. 



RESOLUTIONS 

PASSED AT VARIOUS TIMES BY THE 

COTsTA^EISTTIOlSr OF MA-RYL^^lND, 

AND OTHER KINDRED MATTERS. 



I. Division of Parishes. 

Resolved, That, in future, the Convention will not consent to the division of 
any Parish, unless it shall fully appear, that the petitioners for the same shall 
have set up notices of their intended application, three months previous to the 
same, at the Parish Church, if there be one, and also at the other public places 
within the same Parish, and shall lay before the Convention correct information 
of the lines of the Parish so to be divided, the situation and state of the church or 
churches, chapel or chapels, already therein, together with the intended lines of 
the new Parish. — 1811,/, 6. 

2. Thanks for Convention Sermons. 
Resolved, That the practice of presenting thanks to the clergy, for sermons 
preached at the opening of the Conventions of the Protestant Episcopal Church 
of Maryland, be discontinued. — 1823,//. 8 and 15, 

3. Lay Delegates to he residents of the Parishes zuhich they represent. 

Resolved, As the sense of this Convention, for the information and direction 
'Of the Vestries of this Diocese in future, that the parishioner, who may be 
appointed in any Parish, as lay Delegate to this Convention, should always be 
a resident in the Parish from which he is sent. — I bid..^ p. 16. 

4. The Episcopal Ftind. 

. Resolved, That this Convention doth hereby accept of the act of the General 
Assembly of Maryland, passed at its December session, in the year eighteen 
hundred and forty, chapter sixty-seven, entitled, "An Act to incorporate the 
Convention of the Protestant Episcopal Church of the Diocese of Maryland, for 
the purposes therein mentioned;" and that a certificate of such acceptance be 
transmitted to the Secretary of State, in the form following : 

" At a Convention of the Protestant Episcopal Church in the Diocese of Mary- 
land, begun and held at the City of Baltimore, on Wednesday, the 26th day of 
May, in the year eighteen hundred and forty-one, being the next annual meeting 
of said Convention held after the passage of an act of the General Assembly of 
Maryland, passed at December session (in the year 1840, chapter 67,) entitled, 
* An Act to incorporate the Convention of the Protestant Episcopal Church of the 



38 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



Diocese of Maryland a copy of said act ^Yas laid before the said Convention, and 
upon consideration thereof had, it Avas resolved, by said Convention, that the 
aforesaid act of the General Assembly of Maryland be, and the same is, hereby 
accepted, and that a certificate of the acceptance thereof be fiied -with the Secretary 
of State, according to the provisions of said act." 

" In witness whereof the said Convention have caused this act to be signed by 
William R. Whittingham, Bishop of said Uiocese and ex-officio President of said 
Convention, and sealed with the Episcopal seal of the said William R. Whitting- 
ham, which is for this purpose adopted by the said Convention, as its corporate 
seal, this 28th day of ^^lay, in the year 1841." 

Resolved, That, for the purpose of administering " the permanent fund for the 
support of the Episcopate in this Diocese," a Board of Trustees, to consist of 
the Bishop for the time being, and six lay members of this Church, shall be 
appointed : — and that, for the election of the said lay members and the adminis- 
tration of the said fund, the following rules be adopted : 

1st, This Convention shall, after the passage of these resolutions, proceed to 
ballot for six lay trustees, and the persons having the highest number of votes 
shall be declared elected. 

2d. The trustees, to be elected as aforesaid, shall be distributed by arrange- 
meiit amongst the members, into three classes. The first class, consisting of the 
two having the highest number of votes, shall serve until the adjournment of the 
next annual meeting of this Convention. The second class, consisting of the two 
receiving the next highest number of votes, shall serve until the adjournment of the 
second annual meeting of the Convention hereafter; and the third class shall serve, 
until the adjournment of the third annual meeting of the Convention hereafter; 
and, to continue the succession of the Board, the Convention, at its next and 
succeeding annual meetings, shall elect, by ballot, trustees in the stead of those 
whose term shall have expired. The persons, thus to be elected, shall serve 
until the adjournment of the third annual meeting of the Convention after their 
election. 

3rd. Any vacancy which may happen, by death, resignation, refusal to serve, 
or removal out of the Diocese, may be supplied by appointment, by the Board of 
Trustees, of a suitable person, who shall serve until the next annual meeting of 
the Convention thereafter, which shall elect a trustee to serve during the residue 
of the term of the person in whose stead he shall be elected. 

4th. The Board shall meet, on some day prior to the first day of July next, to 
be appointed by the Bishop, and at such times thereafter as the Board shall direct; , 
or, upon the requisition of the Bishop, or any two of the trustees. A meeting- 
shall likewise be held, on the day next preceding the day appointed for the next 
and succeeding annual meetings of this Convention, and at the place at which 
the Convention shall hold its meeting. A majority of the Board shall be a quorum 
for the transaction of business. 

5th. The Board, at its first meeting, and from time to time thereafter, shall 
appoint one of its members to act as Treasurer, who shall continue in ofiice until 
removed by the Board, or until the expiration of his term of service as trustee. 
The Treasurer shall have the custody of the securities and moneys belonging to 
the said fund, subject to such order as the Board may take, from time to time, in 
relation thereto. It shall, likewise, be his duty to keep an accurate account of 
his receipts and disbursements, which shall be laid before the Convention, at 
every meeting. 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 39 



6th. The Treasurer, under the direction of the Board, shall pay to the Bishop, 
out of the interest received from the contributors to said fund, and the profits of 
the investments to be made as aforesaid, a salary of three thousand dollars per 
annum, from the 17th day of September, 1840. The surplus profits, if any, shall 
be invested in augmentation of the fund, until further order of the Convention. 
[See infra. Resolutions 30, 31, 32.] 

7th. [See infra. Resolution 26.] 

8th, Every investment shall be made in the name of " The Convention of the 
Protestant Episcopal Church of the Diocese of Maryland;" and no investment, 
so made, shall be transferred or assigned, but by deed under seal of the Trea- 
surer of the Board, and of the Bishop or other two members of the Board. 

9th. The Board shall keep a journal of its proceedings, in which shall be 
entered the attendance of its members, and its acts and resolutions, in regard to 
the administration of said fund; and on every question, moved and decided, the 
ayes and noes shall be taken, and entered, if required by any member. This 
journal, with a summary report of the proceedings of the Board, and the book of 
accounts of the Treasurer, shall be laid before the Convention, at every annual 
meeting. 

10th. The foregoing rules may be altered, and any one or more of said Trus- 
tees may be removed, at any time, by a vote of a majority of all the members of 
the Convention. — 1841,//. 55, 56, 57, 58, and 59. 

5. Resolutions concerning Congregatio)is and Parishes. 

1. That the independent congregations, in the country and smaller towns, 
organized under the law of 1802, organize, when practicable, under that of 1798, 
with metes and bounds. 

2. That Vestries make themselves acquainted with the bounds of their respec- 
tive Parishes and cause them to be recorded in their Vestry books, if already they 
be not ; and whenever a new Minister shall be appointed by them, that they make 
him acquainted with such boundaries, that he may know the territorial extent of 
his cure and of his field of labor. 

3. That every Minister and Vestry are solemnly responsible for looking after 
the spiritual interests of the entire Parish, and providing for the same as far as 
they may. — 1853,/- 10. 

6. Resolution respecting the Duty of Churchwardens . 

Resolved, That a committee of five be appointed by the Chair, to report, to the 
next Convention, full and proper information as to the duties of Church Wardens. 
— 1855,/. 56. 

Report on the Duties of Churchwardens. 

The committee appointed by the Diocesan Convention of Maryland of 1855, to 
report, to the next Convention, full and proper information as to the duties of 
Church Wardens, (see Journal, p. 56,) respectfully report that the oftice of Church 
Warden, or guardian of the Church, seems to be of English origin, and to have 
grown out of the constitution of the Church in England. Blackstone says that 
they are the guardians and keepers of the Church, and representatives of the body 
of the Parish. England is divided into Parishes, or territorial districts, for Ec- 
clesiastical purposes, in each of which there is a Church edifice ; which is, in a 



40 RESOLUTIOXS, ETC., OF COKVENTIOX OF MARYLAND. 



certain sense, the property of the parishioners, or inhabitants of the Parish. This 
edifice is to be maintained, and the expenses of public -worship, except the support 
of the Clergy, provided for, by a rate or tax levied upon the property of the 
parishioners. This rate or tax is to be laid by the parishioners themselves, as- 
sembled in Vestry. The primary meaning of the phrase -was, a meeting of the 
parishioners held in the vestry, or room in the Church in which the clerical vest- 
ments are kept, but the name Vestry is now applied to the meeting itself. Every 
person who is liable to pay Church rate is a member of the Vestrv, which is con- 
sequently a large and cumbrous body, incapable of performing administrative 
functions. These are therefore devolved on the Church AVardens. The business 
of the Vestry, which meets only once or twice a year, is confined to imposing the 
rate, electing Church "Wardens, and examining their accounts. 

The duties of the Church Wardens, in England, are threefold; to take care of 
the property of the Parish, and administer its finances; to act as a sort of Ecclesi- 
astical police, in preserving order in the assemblies for public worship, and as a 
sort of Ecclesiastical grand jury, for the presentment of Ecclesiastical offenders. 
In [Maryland, the first of these three classes of duties seems to be transferred, to 
the selected Vestry of eight persons, chosen by the parishioners ; who are here, 
what the Church AVardens are in England, the representatives of the parishioners. 
The Vestry act (179S, ch. 24. §9,) gives to these bodies the property in, and man- 
agement of, the estates and goods of the Parisli, and the whole scope of the act 
seems to imply that they are to have the control of the temporal affairs of the 
Parish. The Church Wardens are thus superseded, in the principal part of their 
office. In fact, the Vestry act leaves them nothing to do with the property or 
finances of the Church ; except that, by the 29th section, the Vestries are pro- 
hibited from selling, aliening or transferring any of the property of the Church, 
without the consent of both the Church Wardens. 

With respect to that portion of the duties of English Church Wardens, which 
consists in acting as an Ecclesiastical police, in preserving order in the assemblages 
for public worship, it Avas fully recognized by the twelfth section of the act of 179S, 
ch. 24. But by 1S02., ch. 11 1, §11, so much of that act, as confers on them the 
powers of civil officers of the peace, is repealed. They are still, the committee 
apprehend, charged by the Church, with the duty of preserving order, and are the 
representatives of the Vestrv and parishioners, for that purpose. They have at 
common law, as the agents of the proprietors of the building, the right to remove 
from it any person who may be misconductii^g himself; using no more force than 
is absolutely necessary for that purpose. They have no right to demand the as- 
sistance of other persons, but may accept that Avhich is offered. , 

The duties of Church Wardens, as an Ecclesiastical grand jury, are much modi- 
fied by the system of discipline which has been adopted in this Church. In this 
Diocese they seem, so far as clerical discipline is concerned, to be superseded by 
the Standing Committee, and, so far as relates to lay discipline, by the ]^Iinister. 
On this subject the committee Avould refer to the sixth and twerity-third Diocesan 
canons of 1S47. It would seem, nevertheless, that there remained a residuum of 
the ancient obligation, by which the Church Wardens are the proper persons to 
report Ecclesiastical offences to the persons on whom those canons imposed the 
indictive duty, that is, the Bishop, the members of the Standing Committee, or 
if the offender be a layman, the Minister of the Parish. 

The details of the duties of English Church Wardens are regulated by several 
canons of the code of 1604, Avhich have been well collected by a correspondent of 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 41 



the True Catholic, in the second volume of the new series. — p. 282, He has dis- 
tributed them under seven heads. The duties mentioned under three of ^those 
heads, viz : The care of the church building, the supply of the necessaries of 
worship, and matters connected with accounts, are, your committee apprehend, 
transferred in Maryland to the Vestries. A sort of exception to this rule is made 
bv the twenty-eighth Diocesan canon of 1847, which directs the Church Wardens, 
when required by the Rector, to provide the elements for the celebration of the 
Holy Communion. But this must be so understood, as to imply that the Vestry 
are to pay the expense. 

The other four heads relate to the care of worship and doctrine, and of order 
and morals ; to the presentmeirt of offenders and the administration of discipline 
and government. The details which those canons regulate are accommodated to 
the civil and Ecclesiastical laws of England, which are, in some instances, not in 
force in this country. In some instances the duties which are devolved upon 
Churchwardens by those canons have been transferred to the Vestries. The 
care of the pulpit, for the purpose of excluding unauthorized administrations, 
which is committed to the Church Wardens, by the fiftieth and fifty-second canons 
of the English code of 1604, is, by the American caiions, transferred to the Vestry, 
as will be seen by reference to the thirty-sixth canon of the General Convention of 
1832, and the ninth of that of 1853.* 

It seems to the Committee that, while the adaptation of these canons to the state 
of our own laws is in itself a desirable thing, it would be a work of such delicacy 
and difficulty as would perhaps render it inexpedient at present ; at any rate, it is 
beyond the scope of the duties committed to them by the last Convention. Until, 
however, that is done, the English canons would be an imperfect, and perhaps 
dangerous, guide for American Church Wardens. The committee, therefore, de- 
cline saying anything more upon this part of the subject. 

By the law or usage of most American Dioceses, the Church W'ardens are mem- 
bers of the Vestries, and regarded as the principal members. In some Dioceses, 
the legal title of the corporation is "The Wardens and Vestry." Hence the 
Wardens are, in the canons of the General Convention, frequently named with the 
Vestry. In acting under such canons, it would be prudent for Vestries in Mary- 
land, to associate the Church Wardens with themselves. 'I'he special duties im- 
posed upon Church W'ardens, by the written laws of the American Church, are 
very few. They are imposed, either by rubrics or canons. Those by the rubrics, 
are only six, imposed by as many rubrics. Of these, four impose ceremonial 
duties only. Three of them will be found in the office for the Institution of Minis- 
ters, and one in that for the Consecration of a Church or Chapel. In the office 
for the Churching of Women, there is a rubric, which associates the Church 
W^ardens with the Minister, in disposing of the offering which the woman is re- 
quired to make. A rubric in the Communion Office designates Deacons and 
Church Wardens, as the persons, with the alternative of other proper officers, to 
receive, during the Offertory, the alms ai^d other devotions of the people. Canon 
14, of 1853,1 "lakes it the duty of the Church Wardens to certify to the Bishop 
the election of a Rector of a Parish, and to unite with the Rector in certifying the 
election of an Assistant Minister. Canon 26, of 1832, J makes it the duty of Church 
W^ardens, jointly with the Minister, to give information to the Bishop of the state 
of the congregation, under such heads as may have been committed to them one 



*Digest, Title I, Canon 13, and 14, §vi. 
tDigest, Title I, Canon 14, §1. 



^Digest, Title I, Canon 14, §iv, clause 2. 



42 RESOLUTIONS, ETC., OF COXVEXTION OF MARYLAND. 



month before the Visitation or the meeting of the Diocesan Convention. This 
seems to be a recognition of the ancient duty of presenting offences -which is 
directed by an English Canoii to be exercised in a similar manner. In fact, at 
every visitation of the Bishop or Archdeacon, the Church Wardens are still called 
on for presentments, although they generally present that everything is as it should 
be. 

The committee have only to add that, by the usage of this Diocese, the Church 
Wardens, or either of them, may certify the election of a lay delegate to the Con- 
vention, although the Register is the more usual and appropriate officer. 

H, Strixgfellow, Jr. 
/ J. W. French. 

Hugh Davey Evans, 
(1856, pp. 93 to 95.) John Snowden. 

7. Resolution respecting an Act of lncorp07-atio7i. 

Resolved, That the Act of the General Assembly of ^Maryland, passed at January 
session, 1S56, ch. 17, entitled "An Act amendatory of the Act incorporating the 
Convention of the Protestant Episcopal Church in the Diocese of Maryland, 
passed at December session, 1840, ch. 67, authorizing the said Convention to take 
and hold subscriptions or contributions in money or otherwise," be, and the same 
is hereby accepted by this Convention, and the Secretary of this Convention is 
hereby authorized and directed to file, as early as practicable duringthe session of 
this Convention, a proper official certificate of this acceptance with the Secretary 
of State. — (1856,/. 3.) 

8. Resolution respcctijig the Legal Capacity of Vestries. 

Resolved, That the President appoint a committee of three, learned in the law, 
to examine the legal question of the capacitv of Vestries under the present prac- 
tice in this State, and report at the next meeting of this Convention any action 
that they may deem necessary in the premises. — (1856,/. 15.) 

Report of the Committee on the Legal Capacity of Vestries. 

The committee appointed by the Convention of 1S56, to examine the legal ques- 
tion of the capacity of Vestries under the present practice in this State, and report 
any action they may deem necessary in the premises, (see Journal of 1856,/. 15,) 
beg leave to present their report. 

The Vestries known to our Ecclesiastical system are of two kinds, Vestries of 
parishes, and Vestries of congregations. 

I. As to the first — Vestries of Parishes — they are of great antiquity in England, 
and are of two sorts, known as Vestries and Select Vestries, and derive their 
name fr(-m the place (vestiarium, a room for keeping the ^Minister's vestments) in 
which they usually met for the transaction of business. The Vestries proper, as 
distinguished from Select Vestries, consisted of the whole body of contributing 
Parishioners, and had power in some cases by custom to elect both Church War- 
dens, but ordinarily those officers were chosen under the Canons of 1603 by the 
joint consent of the Ministers and Parishioners, and in case of disagreement, one 
Warden was elected by each. The Vestry was not a corporation, but the Church 
Wardens were, and as such, entitled to purchase and hold the goods of the 
Church and bring actions for them, the freehold of the church and glebe being in 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 43 



the parson, who was also a corporation ecclesiastical. Besides the power of par- 
ticipating in the choice of Church Wardens, no Church rates could be levied with- 
out a majority of the Vestry present at a called meeting. 

The select Vestries were a certain number of persons, elected yearly to make 
rates and manage the Parish concerns for that year. This could only be done in 
England, where a custom to that effect, legally speaking, existed. The powers of 
the Select Vestries seem to have been the same with those of Vestries generally, 
the one body acting as a sort of deputy for the other, and having, no doubt, origi- 
nated in the difificulty attendant on the transaction of business by large numbers of 
Parishioners assembled together. 

These Select Vestries furnished the model for our present system, which, in its 
main features, has now prevailed for upwards of a century and a half. 

On the 9th of June, A. D. 1692, at the first regular session of the Assembly, 
held after the Crown had seized into his own hands the government of the Prov- 
ince of Maryland, an Act was passed entitled, " An Act for the Service of 
Almighty God, and the establishment of the Protestant Religion in this Province." 
By its 3d section, the county justices were directed, with the advice of the princi- 
pal freeholders, to lay out each county into Parishes by metes and bounds, after 
which the freeholders in each Parish were to make choice of six Vestrymen, who 
were empowered to levy Church rates, administer gifts or bequests for pious uses, 
and maintain suits in the premises as amply as any body corporate might do. 
This AQt was repealed in 1696, but on the 25th March, 1702, in the first year of 
Queen Anne, another was passed with the title of " An Act for the establishment 
of Religious Worship in this Province according to the Church of England, and 
for the maintenance of Ministers." By this Act Select Vestries of six were es- 
tablished in every Parish, the incumbent added to their number, and the Vestries 
in conjunction with the Church Wardens required to pay the Parish charges and 
repairs of Churches and Church yards, and authorized to apply to the County 
Courts for assessments on the Parishioners for these purposes. This Provincial 
law, with some subsequent amendment, remained in force for upwards of seventy 
years, but finally made way for " An Act for the establishment of Select Vestries," 
passed by the State of Maryland in March, 1779, with a supplement enacted in 
November following, and this early State legislation was in its turn superseded 
by the " Act for the establishment of Vestries for each Parish in this State,'" 
passed at Navember session, 1798. 

To this last-mentioned Act resort must be had for the powers and capacities of 
Parochial Vestries. The enumeration of those powers and capacities would be 
but a mere transcript of the law, which is unnecessary as being within every one's 
reach. Had the extent or construction of any of them been submitted to the com- 
mittee, they would have directed their attention to it, but in the absence of any 
specific inquiry they have not thought themselves warranted in volunteering their 
opinion upon any particular clause. 

2. Congregational Vestries, where not incorporated by Special Acts, (as in the 
cases of Christ and St. Peter's Churches, Baltimore,) derive their existence from 
the Act of 1802, chapter iii, entitled " An Act to incorporate certain persons in 
every Christian Church or Congregation in this State," and its Supplements. By 
this Act (commonly called the Christian Congregation Act) the members of each 
separate congregation, organizing and acquiring a corporate existence under it, 
are empowered to adopt a plan of government settling the qualifications of the 
electoral body and the persons to be elected, and other things necessary for the 



44 RESOLUTIOXS, ETC., OF COXVENTIOK OF MARYLAXD. 

continuance and management of the corporation generally. The \vord Vestry is 
not mentioned in the law, which only uses the word "■ Trustees to designate 
the persons clothed with corporate powers. But all church congregations 
availing themselves of its provisions have always styled their Trustees Vestrymen, 
and for the most part have, it is believed, expressly conferred on these officers the 
powers possessed by Parochial Vestrymen. In the absence of any such declara- 
tion of their powers, it is the Committee's opinion that the use of the words 
" Vestrymen and " Vestry " in a plan adopted by churchmen would be held to 
import cx vi tcriniiii that the persons so designated were to exercise the powers 
and functions ordinarily signified by those terms. For all practical purposes, 
therefore, the powers and capacities, both of Parochial and Congregational Ves- 
tries, may be assumed to be identical, except in the instances in which special 
legislation may have made a difference. The committee have no suggestions to 
offer in the way of amendment ; the powers of Vestries, having been given, can 
only be altered by law, and are therefore beyond the authority of this body. It 
might, indeed, recommend, though it could not legislate ; but the committee 
would deprecate any movement on the part of the Coiivention looking to a change 
in the Act of 179S. This Act, having been passed before the cession of the Dis- 
trict of Columbia, is still in force in that part of the Diocese, but no modification 
of it at this day could operate there. Were any such to take place, it would 
introduce different systems in the portions of the Diocese lying within and with- 
out the territory of Maryland, and could hardly fail to bring confusion and evil 
with it. 

E. F. Chambers, 

(1S5S, »ioi, 102.) J. Mason Campbell. 

9. Resolutions j-elaiive to the Collect! 072 and Preservation of Records. 

Resolved, That there be added to the permanent committees of the Convention 
a committee to be called The Committee on the Records of the Diocese, to consist 
of three members to be chosen by the Bishop, and the vacancies to be filled by 
him ; whose duty it shall be to collect, take charge of, and preserve the re- 
cords of the Diocese, and to superintend the printing and publishing of an}' 
that may be directed to be printed and published ; and also 

Resolved, That the sum of tAvo hundred dollars, out of the Convention fund, be 
appropriated, to be expended by the committee in the execution of their duties. 
— (1S60,/. 12.) 

10. Of a Board of Church Charities. 

Whereas, by Act of the General Assembly of Maryland, 1S56, ch. 17, it is pro- 
vided that the corporate powers and privileges of the Convention of the Protestant 
Episcopal Church in the Diocese of Maryland shall be extended to take and hold 
subscriptions or contributions in money or property which have been or may be 
made to or in behalf of the various objects of charity connected with the Church 
in the several counties of the State, and in the city of Baltimore, now existing or 
which may hereafter exist, under the sanction of said Convention, and to appoint 
in its discretion Executive Committees or other Trustees for administering the 
respective funds so arising as aforesaid in such manner and form as the Conven- 
tion may, from time to time, prescribe; and Avhereas this Convention did. at its 
annual session in the year 1856, accept the powers granted by the said Act : and 
whereas it is necessary to make some provision for executing the same — 



KESOLCriOXS, ETC., OF COXVEXTIOX OF MARYLAXD. 



45 



Resolved, That, for the purpose of administering such subscriptions or contri- 
butions in monev or property as have been or may be made in behalf of church 
charities, in conformity with the Act aforesaid, there shall be a Board of Trustees, 
to be called " The Trustees of Church Charities," who shall receive, control, and 
invest all such contributions, donations, or beque^s of money or property as may 
be placed in their hands : pyci idcd ahcays. That in such administration the respec- 
tive funds shall be kept separate and distinct, and that each fund shall be held 
liable only for obligations that may have been incurred in its OAvn proper behalf. 

Resolved, That this Board shall consist of the Bishop for the time being, who 
shall be ex-ojjicio President, and six Lay Members of the Church; and for the 
election of said Lay Trustees and the administration of the said fund, the following- 
rules be adopted : 

1st. This Convention shall, after the passage of these resolutions, proceed to 
ballot for >^ix Lay Trustees, and the persons having the highest number of votes 
shall be declared elected. 

2d. The Trustees to be elected as aforesaid shall be distributed bv arrangement 
amongst the members into three classes : the tirst class, consisting of the tAvo 
having the largest number of votes, shall serve until the adjournment of the next 
Annual Convention after their appointment ; the second class, consisting of the 
two receiving the next highest number of votes, shall serve until the adjournment 
of the second Annual Meeting of the Convention hereafter; and the third class 
shall serve until the adjournment of the third Annual Meeting of the Convention 
hereafter; each lot of these Trustees to hold their respective offices until their 
successors are appointed ; and to continue the succession of the Board, the Con- 
vention, at its next and succeeding x\nnual Meetings, shall elect by ballot Trustees 
in the stead of those whose terms are about to expire. The persons thus elected 
shall serve until the adjournment of the third Annual Meeting of the Convention 
after their election. 

3d. Any vacancy which may happen by death, resignation, refusal to serve, or 
removal out of the Diocese may be filled by the Board of Trustees, who shall 
appoint a suitable person, which person shall serve until the next Annual Meeting" 
of the Convention, which shall appoint a Trustee to fill the vacancy for the residue 
of the term of the person in whose place he shall be elected. 

4th. The Board shall meet on some day i-rior to the first day of July next, to be 
appointed by the Bishop or by the Board, and at such time thereafter as the 
Board mav direct, or upon the requisition of the Bishop or any two of the Trustees 
in writing. A meeting shall likewise be held on the day next preceding the day 
appointed for the next and succeeding Annual Meetings of this Convention and at 
the place at which said Convention shall hold its meeting. A majority of the 
Bt)ard shall be a quorum for the transaction of business. 

5th. The Board, at its first meeting, and from time to time thereafter, shall 
appoint a Treasurer, Avho shall continue in ofrice for one year, or until his successor 
is appointed. The Treasurer shall have the custody of the money, property, or 
securities belonging to the said Board, subject to such order as the Trustees may 
make from time to time in relation thereto. It shall, likewise, be the duty of the 
Treasurer to keep an account of his receipts and disbursements, which shall be 
laid before the Convention at every meeting. 

6th. The money raised, and to be raised, shall be invested in bonds of the State, 
or of the United States, or Baltimore city bonds, or in ground rents, to yield not 



46 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



less than six per cent, per annum, as the Board shall deem most expedient. [Sub- 
stitute enacted, 1876. See infra. Resolution 19. 1 

7th. Every investment shall be made in the name of " The Convention of the 
Protestant Episcopal Church of the Diocese of Maryland," and no investment so 
made shall be transferred or assigned, but by deed of the President of the Board, 
under seal of the Treasurer of the Board, and signed by the Bishop, or two other 
members of the Board. 

8th. The Board shall keep a Journal of its proceedings in which shall be entered 
the attendance of its members and its acts and resolutions in regard to the 
administration of said funds, and on every question moved and decided the ayes 
and noes shall be taken and entered on the Journal of proceedings, if required by 
any member of the Board. 

This Journal, with a summary report of the proceedings of the Board, and the 
book of accounts of the Treasurer, shall be laid before the Convention at each 
annual meeting. 

9th. The foregoing rules may be altered, aiid any one or more of the said 
Trustees may be removed at any time by a vote of a majority of all the members 
of the Convention. — (1866,/. 18.) 

II. Of Consent to Division of Diocese. 

Resolved, That the consent of this Convention is hereby given to the erection of 
a ncAv See, to consist of the Eastern Shore of the present Diocese of Maryland. 
—(1867,/. II.) 

12. Of a Federate Coicncil. 

Resolved, That it is the opinion of this Convention that as soon as may be after 
the organization of two or more Dioceses within the limits of the present Diocese 
of Maryland, and after the consecration of Bishops for the same, there should be 
a Council of said Dioceses, through their proper representatives to consider and 
adopt measures for a permanent Synodical or Conventional Union, said Council 
to consist of the Bishops of the several Dioceses into which the present Diocese 
shall have been divided, with ten clerical and ten lay deputies from the several 
Conventions of the same, and to be called at such time and place as the Senior 
Bishop, upon conference with his brethren, shall determine. 

Resolved, That this Convention petition the next General Convention for such 
modifications of the Constitutions and Canons, if any such are needed, as shall 
enable the Dioceses formed, or to be formed, within the limits of any present 
Diocese, to organize among themselves a Synodical or Conciliar Union. 

Resolved, That this Convention also petition the next General Convention to 
take the necessary steps for authorizing the erection of provincial courts of appeal 
wherever it may be desired by any Church Province. — (1868,/. 20.) 

13. Of Conivitinicants changing Farishes. 

Resolved, That the Parochial Clergy are hereby respectfully requested to bring 
to the notice of their respective congregations the Law of the Church relating to 
the removal of Communicants from oite Parish to another, as contained in Section 
I, Canon 12, Title IT, of the General Digest; and to urge the importance of the 
observance of said law. — (1869,/. 7.) 



RESOLUTIONS, ETC., OE CONVENTION OE MARYLAND. 47 



14. Of the Salary of the Assistafit Bishop. 

Resolved, That the sum of four thousand dollars per annum, payable quarterly, be 
the stipend of the Assistant Bishop. 

Resolved, That a Standing Committee of Ways and Means of three Laymen be 
appointed by the chair, to whom shall be referred the mode of raising said stipend, 
as well as all questions of appropriation of money by the Convention. 

Resolved, That the said Committee is hereby empowered to raise, by such modes 
of assessment as shall appear to it most just, upon the several Parishes and Con- 
gregations of the Diocese the sums of money needed, and the assessments so 
levied shall be placed in charge of the Treasurer of the Convention, to be col- 
lected and distributed to the several purposes for which appropriations are made. 
(1870, //. 27 and 28.) 

15. The Stiniiecke Marylaiid Episcopal Library. 

(Report of Trustees of the Episcopal Fund. Journal, 1871,/. 121.) 

The Trustees further report, that in March last, they received a communication 
from Bishop Whittingham, to the effect that he desired to apply a legacy which 
he had received, in erecting upon the lot forming part of the Episcopal residence, 
a building, of which he also submitted a plan, to be used forever as a Library, by 
the Bishop of the Uiocese and his successors ; and that he also meant to give and 
convey to the Convention, to be held and administered as part of the Episcopal 
Fund, his very valuable Library, consisting of about 10,000 volumes, many of which 
are extremely rare. The Bishop thus stated his desires and intentions, for the pur- 
pose of ascertaining from the trustees whether they would allow such improve- 
ment and accept the Library, upon the understanding and agreement that, as far 
as possible, by the action of the Trustees and the ratification of the Convention, 
the Building and Library shall be secured forever, for the use of the Bishop of 
Maryland and his successors. 

To the proposal of the Bishop the Trustees gave their unanimous consent, and 
they at the same time passed Resolutions thanking him for his noble benefaction, 
and pledging themselves to carry out his wishes as far as possible. 

The Trustees now specially report the same to the Convention for its approval, 
and for such further action as the generous conduct of the Bishop calls for. 

[Signed,] W. J. Albert, 

F. W. Brune, 
Bernard Carter, 
Laurence Thomsen. 

Mr. F. W. Brune read the report of the Trustees of the Episcopal Fund, and 
offered the following Resolution : 

Resolved, That the Convention, having heard the report of the Trustees of the 
Episcopal Fund accept and approve of the same, and consent that the Bishop 
may carry out his generous intention of erecting a building for a Library on the 
lot of ground adjoining the Episcopal residence, and likewise gratefully accept 
his proposed donation of his valuable Library, and also authorize the Trustees of 
the Episcopal Fund and of the Church Charities to enter into such agreements 
and stipulations as may be deemed proper to secure the use of such building and 
its Library to the Bishop of Maryland and his successors forever, in accordance 
wuth the wishes of the Bishop on the subject. And further that the Trustees of 



48 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



the Episcopal fund and of Church Charities be authorized to insure the Librar\ 
of the Bishop -when given to them, and for any sum needed to pay for the insur- 
ance they be authorized to draw on the Treasurer of the Convention. 
The Resolution was unanimously adopted. — (iSyr,/. i6.) 

Mr. Chas. H. Wyatt presented a statement from the Executors of the late 
Bishop Whittingham, which was read and referred, on motion, to the Committee 
on the Episcopal Library. 

To the Convejition of the Diocese of I\Iaryla7id : 

We respectfully submit herewith a copy of certain clauses in the Will of the 
Rt. Rev. William R. Whittingham, late Bishop of the Diocese, in which bequests 
are made to the Convention and to certain of its Committees, and request the 
Convention to take the necessary action for the reception of the property, and 
the delivery to the Executors of proper acquittances. 

The bequest of his valuable Library, which by one of the clauses in his Will. 
Bishop Whittingham has made to the Convention, is confirmatorv of the gift, 
which, through the Trustees of the Episcopal Fund, was announced to the Con- 
vention in 187 1 [see pages 16 and 121 of the Journal) and embraces a large num- 
ber of volumes added by him since that date, coupled Avith a reservation to his 
sons of the right to take from the Library such books as they may have special 
reasons for selecting. 

Baltimore, May 26, iSSo. 

Extract frovi the Will of the late Right Reverend William R. Whittingharn , dated 

September 22d, 1S79. 
********* 

Ite}?i. I bequeath the large Cabinet at the north end of the corridor on the 
second story of the Episcopal Residence (after my sons shall have taken there- 
from what they shall believe to be strictly private papers.) with all its contents, 
to the Stinnecke Maryland Episcopal Library, for the use of the Bishops who 
may at any time be resident in the Episcopal Residence in Baltimore. 

Item. I bequeath the southernmost large Cabinet, in the corridor of the 
second story of the Episcopal Residence, to the Trustees of the Episcopal Fund, 
to remain in the Residence as part of the furniture thereof; provided that my sons 
shall first have taken therefrom such portion of its contents as they may deem fit 
to choose. 

Item. I leave and bequeath to the Committee on the Records of the Diocese 
all my filed and stored away correspondence, together with the papers of former 
Bishops of the Diocese, gathered in a leathern valise in the third story of the 
Library; provided, that my sons shall have power to choose out of my own old 
correspondence any letters, which they may care to take, as concerning family 
matters. 

Item. I give and bequeath to the Convention of the Diocese of Maryland all 
the books now in the Library of the Residence, reserving to my sons the right of 
removing and taking therefrom such as they shall have special reasons for selecting 
for exception ; and I herebv respectfully desire the Convention of Maryland to create 
a special trust for the holding and care of the books, now so bequeathed by the 
name of the Stinnecke Maryland Episcopal Library — thus providing for the due 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 49 



preservation and control of the Library, and for the perpetuation of the memory of 
the deceased churchman, -with the proceeds of whose bec[uest the Library build- 
ing Avas added, at a cost of more than eight thousand dollars, to the residence. 

Extract from Codicil, dated Septeiiiber 2\th, 1879. 

Among my private papers, I give and bequeath to the Stinnecke Maryland 
Episcopal Library all and every book of the nature of a " common place " book : 
I believe the following to be the chief ; a large folio volume standing with, or 
near the catalogue of the Library. A thin folio in the south room of the third 
story of the Library. Four pretty large quarto volumes. About twenty (or 
twenty-five) blue muslin twenty-fours, in the Library desk. " Index Psalmorum " 
in the Library desk, and several miscellaneous quarto and smaller volumes in the 
Library desk. [iSSo, 42, 43, 44.] 

Report of the Committee on the Episcopal Library zvith certain Resolntions "ajhich 

zoere adopted. 

The Committee to whom were referred that portion of the Episcopal address 
'\vhich relates to the valuable Library bequeathed to the Diocese by its late 
lamented Bishop, and also a communication to the Convention from the Execu- 
tors under his will, respectfully report : 

Of the greatness of the gift of Bishop Whittingham in bestowing his valuable 
Library upon the Church in I\Iaryland, it is not easy to speak in anv fitting terms. 
Rich in works of theology, history and exegesis, the writings of the ancient Fathers, 
the documents of Councils, the best productions of the Anglican divines, and 
Christian letters in general, this Library is a collection almost without an equal, 
in its kind, in our country. Its numerous manuscripts and critical annotations in 
the clear strong hand of our departed Bishop, are a worthy legacy in them- 
selves. 

The value of the Library to this Diocese, however, is not to be measured by 
its contents alone. The purpose of its formation, and the partiality of the donor 
in placing it where it is, added greatly to the estimation in which it shall be held 
by us. 

When the young occupant of a Fellowship in the General Theological Semi- 
nary, he was compelled against his will to abandon the course of life he had 
marked out for himself; and, directed by Bishop Hobart to take a pastoral 
charge, he resolved to do that by the use of his purse for the elevation of the 
Ministry, he was denied the privilege of doing by literary labor. In this pur- 
pose he began the remarkable collection of books which he finished only with his 
life. Subsequently, as a Professor, and aftervrards as a Bishop in the Church, 
his experience and observation served to confirm him in the wisdom of the plan 
he had so early adopted for raising the standard of theological learning. He 
kept close to the task of adding continually to the monument he had undertaken 
to rear, till it became as sacred in his eyes as some pillar of Bethel. He turned 
to it fpom time to time, with a Jacob-like devotion, to renew the offering of his 
all to God. As infirmity and old age crept upon him, he not only became grow- 
ingly solicitous to complete it, but he felt that the means which he received from 
the Church, in consideration of services he was iiicapacitated to perform, ought 
to be returned to her again, in an enrichment of the treasure that was to go 
eventually to her Clergy. And accordingly he spent more towards the close of his 
life, in the way of finishing this collection, than at the beginning of his ministry. 
4 



50 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



Repeatedly was he applied to to secui'e the possession of this Library to some 
distant school of divinity upon his demise. And naturally was it thought that the 
General Theological Seminary ^YOuld then become its recipient, on account of his 
known affection for his Alma Mate7', and for the opportunity of bringing its costly 
contributions to the fountain head of instruction at an important centre. But no. 
His superior attachment to his Diocese and his recognized obligations to the 
chief work of his life made him reject all other claimants, in favor of Maryland, 

In these circumstances, it is evident that the original and intrinsic worth of 
the donation is very materially enhanced by the sentiment of the donor. And 
the Committee are impressed with the duty, which devolves upon the Convention 
to-day, of most religiously and reverently accepting their trust, and, in devout 
gratitude to <jOD, as well as to His faithful servant, providing for the largest dis- 
tribution of its benefits that is consistent with the terms of the benefactor. 

The Library, which is solely the fruit of Bishop Whittingham's labors, is depos- 
ited in a building erected by the help of a legacy left for his discretionary use, 
by Mr. Henry A. Stinnecke. In the modesty of the Bishop, the name of the "Stin- 
necke Maryland Episcopal Library" was chosen by him for its title. The Com- 
mittee cannot but think, with all due respect for the departed, that the name 
should be changed, if possible, to the more just and appropriate one of the " Bishop 
Whittingham Library in the Stinnecke Building," 

For any Avorthy expression of the gratitude of the Convention to its noble bene- 
factor, no method is left to us. The silent acknowledgments of Bishop, Clergy 
and Laity are its Resolution of thanks. But the Committee recommend the 
following Resolutions touching the acceptance of the property devised by Bishop 
Whittingham, and for carrying into effect his intentions and wishes : 

1. Resohed, That the Bishop of the Diocese, ex-oj/icio, together Avith three 
Clergymen and four Laymen, to be chosen by the Convention, on the nomination 
of the Bishop (who may increase the number, in his discretion), at each annual 
session, be a Committee to be known as the "Stinnecke Maryland Episcopal 
Library Committee," who shall have power to receive, on behalf of the Conven- 
tion, from the Executors of the late Bishop Whittingham the books in the Library 
of the Episcopal Residence, which -w ere bequeathed to the Convention by the late 
Bishop, and any other property in the Episcopal Residence bequeathed by the late 
Bishop to be used in connection with the said Episcopal Library, and to execute 
to the Executors of the late Bishop the necessary acquittances therefor ; and to 
have the custody and charge of the said Library and other property connected 
theiewith, and to devise and adopt whatever measures may be necessary for pro- 
moting and extending its usefulness; and to recommend to the Convention, from 
time to time, such fuither action in the premises as they may deem desirable, and 
for the purpose of securing additions to the said Library, 

2, Resolved, That the Committee, so to be appointed, be empowered to appoint 
a suitable person as Librarian, at a salary of five hundred dollars per annum, 
payable out of the Convention Fund, * * * * 

[Signed,] George Leeds, Chairvian , 

William Paret, 
William S. Southgate, 
Wm. G. Harrison, 
D. R, Magruder, 
(1880, pp. 67, 68, 69.) H, M, Murray. 



RESOLUTIONS, 'ETC., OF CONVENTION OF MARYLAND. 



51 



Rules. 

1. No Book shall be taken from the Library, except by the Bishop, for his own 
personal use. 

2. The Library shall be open to any one who desires to use it for the purpose of 
Reading, Reference, or Study, frona 10 A. M. to 4 p. M., upon all week days ex- 
cept Epiphany, Ash- Wednesday , Good Friday, Ascension Day, and all legal holi- 
days, and except also the month of August. 

3. No person is allowed to write in a Book, or mark it in any way; and the 
utmost caution is enjoined against soiling the Books. 

4. Transcribers are to use pencil only, and are not allowed to take tracings of 
plates or outlines, without special permission of the Standing Committee on the 
Library. 

5. All injuries to Books, occasioned by careless handling or other avoidable 
cause, shall be made good by the person committing the injury. 

6. No person is allowed to use any instrument in cutting leaves except a leaf- 
cutter, which will be furnished by the Librarian. 

7. The use of tobacco in the Library is not allowed. 
Baltimore, Jatmary \gt/i, 1886. 

16. Hannah More Academy. 

Resolved, ist. That this Convention accepts and receives the Hannah More 
Academy, as the Diocesan School for Girls. 

Resolved, 2d. That the Rt. Rev, W. R. Whittingham, D. D., the Rt. Rev. 
William Pinkney, D. D., the Rev. A. J. Rich, M. D., Wash. C. Van Bibber, M. 
D., Thomas Van Bibber, Esq., the Hon. W. P. Maulsby, William S. Keech, 
Samuel G. Wyman, W. W. Corcoran, Esqrs,, be, and they are hereby named, 
Ti-ustees, to receive the property and franchises of the Hannah More Academy — 
when the same can be legally done — for the uses and purposes declared by the 
last will and testament of the late Mrs. Ann Neilson ; and to hold and manage the 
same, until the manner of perpetuating the succession of the Board of Trustees 
shall be otherwise, by law, appointed. 

Resolved, 3d. That F. W. Brune, and E. Wyatt Blanchard, Esqrs., he, and they 
are hereby, elected a Committee on the part of this Convention, to obtain in con- 
cert with the Committee appointed by the Board of Trustees for that purpose, the 
legislation necessary to constitute — and in the manner best calculated, to maintain 
the Hannah More Academy, as a Diocesan School for Girls. — (1873,/. 46.) 

17. Religious Corporations in the District of Columbia. 

Resolved, That hereafter, any Congregation in the District of Columbia, which 
may be organized under the provisions of the second Section of Chapter eighty of 
the Laws of the Forty-first Congress, entitled "An Act to provide for the creation 
of Corporations in the District of Columbia by General Law, approved May 5th, 
1870," may be received into union with the Convention as a separate congrega- 
tion, in complying, in all other respects, with the Canons, Laws and usages of the 
Diocese of Maryland, thereunto pertaining — 

Resolved, That said Section of said Act be printed in the Appendix to the 
Journal, and in the Compilation of the Canons and Law^s of the Diocese of Mary- 
land.— (1873,/. 47-) 



52 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



i8. Salary of the Secretary of the Convention. 

That a salary of \\<o hundred and fifty dollars per annum be paid out of the 
Episcopal and Convention Fund, to the Secretary of this Convention, for his 
services, — (1875,/. 64.) 

19. Of Investments by Trustees of Church Charities. 

Resolved, That the 6th Rule adopted by the Convention of 1866 be repealed, and 
in lieu thereof the following Rule be adopted : 

"The money raised and to be raised shall be invested in Registered Securities, 
Ground Rents or Mortgages, in the discretion of the Board." — (1876,/. 42.) 

20. Of the Permanent Siisientation Fnnd. 

Resolved, That an offertor}-, at some time in each year, be requested from each 
Parish and Congregation for the benefit of the Permanent Sustentation Fund. — 
(1876,/. 49.) 

21. Missionary Services during each Session. 

Resolved, That the Committee of Missions be charged with the arrangements of 
the meeting of the Convention, to be held on the second [now first] evening of 
each Session, so as to provide for the manner in which the subject of Diocesan 
Missions shall be presented to the Convention, in the form of public addresses and 
even to the exclusion of other business. — (1876,/. 52.) 

22. Of Rep07'ts, Petitions, Etc. 

Resolved, That no Report, Petition, or Account be placed in the hands of any 
Committee, uirtil the same shall have been presented to the Convention and duly 
referred.— (1878,/. 36.) 

23. Of the Payment of Episcopal Assessments . 

Resolved, That every Parish and Congregation shall hereafter pay their annual 
assessment required under Canon V, Title A, in the following manner, that is to 
say : One-half of the amount on or before the first day of July, one-fourth on or 
before the first day of September, and one-fourth on or before the first day of 
November. — (1878, 52.) 

24. Of Diocesan Theological Educational Fiend. 

Resolved, That this Convention recognizes the expediency and the propriety of 
placing funds at the disposal of the Bishop, from which he may be enabled to re- 
spond to the applications made to him for assistance to those who are carrying on 
their studies as candidates for Holy Orders. 

Resolved, That it is hereby recommended to the Rectors of Parishes and C011- 
gregations in the Diocese to bring this subject to the notice of their people, o\\ 
oire of the four Sundays appoitited as the stated times of Ordination, and to ask an 
offering in behalf of this object on one of the said Sundays in each year. 

Resolved, That the fund so proposed to be raised shall be known as ''The Dio- 
cesan Theological Educational Fund," and shall be placed in the control of the 
Trustees of Church Charities, &c. 



RESOLUTIONS, ETC., OE CONVENTION OE MARYLAND. 



53 



Resolved, That a committee of three be appointed to bring this subject and the 
action of the Convention upon it to the attention of the Church in such way as 
may most conduce to its success, — (1878,//. 41, 56.) 
• 

25. TejHperancei 

Resolved, That this Convention expresses its sympathy with the work carried on 
in the Church of England, and among Churchmen in the United States, for the 
suppression of drunkenness and the promotion of the cause of Temperance. — 
(1881,/. 64.) 

26. Of the Investment of the Episcopal Eiind. 

Resolved, That resolution 7, * * relating to the Episcopal Fund, be amended 
so as to read : 7th. The funds raised and to be raised shall be invested in Stocks 
of the United States, State of Maryland or City of Baltimore, in Ground Rents, 
or first Mortgages, or fee-simple Real Estate, in the City of Baltimore. — (1884, 
/. 20.) 

27. Of the Committee on Donations. 

Resolved, That at each annual session of the Convention there be appointed by 
the Bishop, or other presiding officer, a committee of five Laymen, to be called 
" The Committee on Donations," who shall serve until the adjournment of the 
next Annual Convention, and to whom shall be referred the question of accepting 
or rejecting any gifts, by deed, will or otherwise, of land, personal property or 
money, which may be made to the Convent^'on, and who shall be authorized to ac- 
cept in the name of '' The Convention of the Protestant Episcopal Church of the 
Diocese of Maryland " and attend to the giving due receipt for any donation or 
bequest to that body, which shall be offered for acceptance, provided that in the 
judgment of the Committee, the purpose of the gift, and the conditions imposed 
thereon by the donor, be proper to be accepted by the Convention : in all other 
caser- the Committee shall report the same to the next annual meeting of the Con- 
vention. — (1882,/. 61. Amended, 1883,//, 13, i6.) 

28. Observance of Sunday. 

Whereas, The increasing irreverence and open contempt for the sanctity of the 
Lord's Day, commonly called Sunday, shown in multiplied encroachments upon it, 
by railroad and telegraph operations, Sunday excursions by land or water, publi- 
cation, patronage and use of Sunday secular papers, are directly opposed to the 
divine design of the Lord's Day, the rights of employes to its benefits, attendance 
upon Church and Sunday School, and the training of youth in the fear of God and 
regard to the fourth commandment, therefore, 

Resolved, That it solemnly devolves upon all connected with this Convention 
and the members of the Protestant Episcopal Church generally, in religious regard 
for the sacred institution, to avoid all unnecessary secular employment on the 
Lord's Day, and to discourage whatever tends to increase such employment. 

Resolved, That the members of this Convention exert their influence to induce 
managers and stock-holders of railroad companies to reduce railroad operations 
on Sunday to the lowest possible "point of necessity," thus affording their em- 
ployes the much needed privileges of the weekly rest day. — (1883, pp. 18, 24, 25.) 



54 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



29. Official Seal of the Diocese. 

" I would suggest whether it would not be advisable to appoint a Committee to 
take into consideration the propriety of having an official seal for the Diocese, 
with power to adopt and execute one if in their judgment it is needful. I think 
it is a necessity, but I submit it to the wisdom of the Convention." — Bishop Pink- 
ney's Convention address, r882. Journal,/. 93. 

On motion a committee of three Clergymeir and two Laymen was appointed to 
consider that portion of the Bishop's address relating to a seal for the Diocese, 
with power to devise and adopt a seal. — (1882,/. 37.) 

Resolved, That the corporate seal of this Convention as adopted by the Com- 
mittee appointed at the last Convention, be in the keeping of the Secretary, and 
that its use on legal documents be attested by the signature of the Secretary, and 
that the Treasurer of the Convention, for the time being, be the authorized attor- 
ney to acknowledge such instruments as may require acknowledgment. — 
(1883,/. 27.) 

30. Salary of the Bishop. 

Resolved, That the salary of the Bishop of this Diocese be five thousand dollars 
per annum, besides the use of the Episcopal residence. — (1884,/. 12.) 

31. Official Expenses of the Bishop. 

Resolved, That the Treasurer of the Convention be directed to pay the necessary 
official expenses of the Bishop of the Diocese. — (1885,/. 33.) 

32. Support of the Episcopate. 

Resolved, That the Treasurer of the Episcopal Fund be, and he is hereby directed, 
to pay to the Treasurer of the Convention the net income of the productive invest- 
ments of the Episcopal Fund as the same shall be realized, the sum so paid to be 
applied to the support of the Episcopate. — (1885,/. 31.) 

33. Acciiniitlating Episcopal Ftiiid. 

Resolved, That the Trustees of the Episcopal Fund be instructed to hold and 
invest the money received for the accumulating Episcopal Fund, and to reinvest 
the interest received, until the sum shall with the present fund reach $100,000 — ^it 
being understood that should the Diocese be divided, each Parish and Congrega- 
tions shall carry with its new relations the sum of its contributions and accumula- 
tions. — (1886, /. 21.) 

34. Maryland Church Building Fund. 

Resolved, That the Trustees of Church Charities be directed to invest sums now 
or that may be placed in their hands, for the benefit of the Maryland Church 
Building Fund, together with the income therefrom, until the par value of said 
investments shall amount to five thousand dollars ; and that the income thereafter 
from the investments of said funds shall be held subject to the order of the Bishop, 
for the purposes of said fund. — ^,(1886,/. 38.) 



RESOLUTION OF THE GENERAL CONVENTION. 



55 



35. Accepting amendment to charter of the Convention. 

Resolved, That the amendatory act of 1878, chapter 403, explaining and extending 
the corporate powers of this Convention, be, and the same is, approved and ac- 
cepted by this Convention, 

Resolved, That an official certificate, duly attested, of this acceptance shall be 
sent to the Secretary of State of Maryland, to be filed by him. — (1878, pp. 41, 114.) 



RESOLUTION OF THE GENERAL CONVENTION. 

Ratifying Division of the Diocese of Maryland. 

Whereas, a petition has been presented to the House of Clerical and Lay 
Deputies, from the Clergy and Parishes of the Eastern Shore of Maryland, praying 
that all that portion of the State of Maryland, known and designated as the East- 
ern Shore of Maryland, being all that part of the said State lying east of Chesa- 
peake bay and the Susquehanna river, embracing the counties of Cecil , Kent, Queen 
Anne, Caroline, Talbot, Dorchester, Wicomico, Somerset and Worcester, the ter- 
ritory so embraced being part of the Diocese of Maryland and of no other Diocese, 
be separated ixom the Diocese of Maryland and be formed into a new Diocese; 
and ivhereas it appears by official documents laid before this House (Clerical and 
Lay Deputies,) that both the Bishop and the Convention of the Diocese of Mary- 
land have consented to such separation and formation of a new Diocese, and that 
all the requirements of the 5th article of the Coiistitution and Canons are fulfilled, 

Therefore he it resolved. That this Convention does hereby ratify the above men- 
tioned division of the Diocese of Maryland into two Dioceses, by the formation 
within its limits of the new Diocese above described, such division to take effect 
on the calling of a convention for the purpose by the Bishop or ecclesiastical 
authority of the Diocese, and that this General Convention does hereby recog- 
nize the union with the General Convention of the new Diocese above described, 
to take effect at the time above-mentioned, the name of the said new Diocese to 
Tdc determined by its convention, with the concurrence of the Bishoj^ and the 
Standing Committee of the Diocese of Maryland. — (1868,/, 189.) 



FORMS AND INSTRUCTIONS 



FOR THE FORMATIOX OF NEW PARISHES AXD COXGREGATIOXS IX THE 
DIOCESE OF MARYLAXD, AXD FOR THEIR ADMISSIOX 
IXTO UXIOX WITH THE COXVEXTIOX. 



The instructions and forms, hereinafter set forth, for the organization of 
Xew Parishes and Congregations, are applical^le to tlie Avhole Diocese of 
Maryland, including the District of Columbia. They are framed mainly in 
accordance with those heretofore adopted and in use in the Diocese, only 
such modifications having been made as Avere necessary in consequence of 
the requirements of the laws of the District of Columbia. - 

It is believed that these instructions and forms will be found suthcient for 
all piu'poses for which they are designed. 

INSTRUCTIONS. 

For tlie formation of Xew Parishes. 

Persons desiring to form a new Parish, out of parts of one, or more, 
existing Parishes, shall proceed as follows : 

1st. They shall put up at the Church, or Churches, within the Parish, or 
Parishes, out of which it is proposed to form the new Parish, at least three 
months before the meeting of the Convention to which application is in- 
tended to be made, a notice, that, at the said Convention, application will 
be made, for the creation of a new Parish, out of parts of said Parish or 
Parishes, which notice shall contain a description of the proposed metes 
and bounds of said new Parish ; and they shall also give like notice of such 
intention to the Bishop or Ecclesiastical authority. 

2d. They shall at. or before, the meeting of the "^Convention to which they 
mean to apply for the creation of said new Parish, file with the^Secretar}' 
of the Convention, a petition for leave to organize said new Parish, which 
said petition shall be in the form hereafter given as "Form Xo. I."" 

3d. If the Convention, acting upon said petition, shall determine to grant 
the same, its action will be taken, by the passage of an act. in the form 
given hereafter as ••Form Xo. II." But if the Convention have reason to 
doubt of the assent of a majority of qualified persons residing in the proposed 
Parish, to the erection of theVame. it Avill take, in its discretion, proper 
order for ascertaining the sense of such majority: otherwise, the al>sence of 
dissent will be taken to imply the as>ent required by the Act of Assembly. 
4th. If the Convention slnill pass the act, menti(nied in the next preced- 
I ing clause, the passage of the same shall be taken, as a grant of the leave 

' asked for in said petition, and as a creation of a new Parish, by the metes 

and bounds therein de--eribed. And • thereafter, at some time and place, 
within the l)Oundarie-- of such new Parish, a inoetitig. to be attended by at 
/ least nine persons, qualified to vote at elections of Vestr3'men. shall be held. 

of which, and of the time and place, at least teri days" notice shall l>e given, 
by setting up a ^taper containing >aid notice, at tlie Chinches within said 
]\arish or Pari-iies : at whicli meeting shall be elected, by a majority of 
ballots, eight soljer and discreet persons, as A'estrymen of the new Parish 



FOI^MS AND INSTRUCTIONS. 



57 



to serve until the Easter Monday next folloAving. in manner as prescribed 
by the Act of Assembly of 1798, "ch. 24, and by the supplements thereto, in 
Maryland and the District of Columbia. A faithful record of the said 
meeting shall be made, and certified by at least five of the persons attending 
thereat, a form for which is hereafter given as Form Xo. III.'" 

5th. Whenever any new Parish shall have been created and organized 
according to the preceding provisions, and shall desire admission into union 
with the Convention, the said Parish shall cause to be filed with the Secre- 
tary of the Convention, at a session succeeding the organization of said 
Parish by the election of its first Yestry. as prescril)ed in the next preced- 
ing clause of these instructions, the certificate mentioned in said clause, to- 
gether with a document, signed by the eight Vestrymen, so elected as afore- 
said, declaring their assent to the Constitution and Canons of the Protest- 
ant Episcopal Church in the Diocese of Maryland, and their adherence to 
the doctrines, discipline, and worship of the Protestant Episcopal Church 
in the Vnited States of America, in the form given hereafter as " Form Xo. 
lY,*' and also, a petition for admission into union with the Convention, 
which sball be in the form set forth hereafter as " Form Xo. Y."' 

Gth. If the Convention shall determine to grant the prayer of the said 
petition, it will do so bv the adoption of a resolution, in the form uiven as 
^•Form Xo. YI." 

For tlie formation of Xew CoxCxKECiATiONS. 

Persons desiring to organize a new Congregation, within the bounds of 
any established Parish, shall proceed as follows : 

ist. They shall at least three months before the meeting of the Conven- 
tion, to which application is intended to be made, give notice, in writing, to 
the Rector, or, if there be no Rector, then to the A'estry or Churchwardens, 
of the Parish in which the new Congregation is intended to be formed, that 
application will he made to said Convention, for leave to organize a new 
Congregation, within the bounds of said Parish ; and they shall also give 
like notice of such intention to the Bishop or Ecclesiastical authority. 

2d. They shall, at, or before, the meeting of the Convention to which 
said application is to be made, file with the Secretary of the Convention a 
petition for leave to organize said new Congregation, which petition shall 
be in the form hereafter given, as Form Xo. YII."" 

3d. If the Convention, acting upon the said petition, shall determine to 
grant the same, its action will be taken by the passage of a resolution, in 
the form hereafter given as "'Form Xo. YIII."" And thereupon, at such 
time and place as shall be agreed upon by the persons so having obtained 
leave to organize said Congregation, a meeting shall be held, of persons so 
desiring to form said new Congregation, to be attended by at least nine 
persons qualified to vote at elections of Yestrymen. at which shall be elected 
\>y a majority of ballots, eight sober and discreet persons as Trustees or 
l^estrymen of the said new Congregation, to serve until the Easter Monday 
next succeeding, in manner, as near as possible, as prescribed by the Act of 
1798, ch. 24, and the supplements thereto in Marv'land and the District of 
Columbia; of which election, and of the plan of organization, a record and 
schedule, in the form given hereafter, as "'FornrXo. IX,** for Maryland, 
and ''Form Xo. X" for the District of Columbia, shall be made in writing, 
certified under the hands and seals of the Trustees or Yestrymen aforesaid, 
and, if in Maryland, acknowledged by them, or a majority of them, before 
two justices of the peace of the county or city, in which said congregation 
shall have, or propose to have, their place of worship ; and the sam§ shall, 
within six months thereafter, be filed for record, in the office of the clerk of 
said county or city, as the case may be. And, if the congregation is in the 
District of Columloia, in addition to the plan contained in ''Form X,*' a 



58 



FORMS AXD INSTRUCTIOXS. 



certificate shall he made, by the Trustees, according to ** Form XI, and 
recorded in the otHce of the recorder of deeds. 

4th. "Whenever any new Congregation shall have been organized, accord- 
ing to the preceding provisions, and shall desire admission into union with 
the Convention, the said Congregation shall cause to be filed with the Sec- 
retary of the Convention, the records and schedules mentioned in the next 
preceding clause, as " Forms Xo. IX, Xo. X, and Xo. XI,"' as the case may 
require ; or a duly certified copy thereof, together with a document, signed 
by the eight ^"estrymen so elected as aforesaid, declaring their assent to the 
Constitution and Canons of the Protestant Episcopal Church in the Diocese 
of Maryland, and their adherence to the doctrines, discipline, and worship 
of the Protestant Episcopal Church in the United States of America: Avhich 
document shall be in the form given as Form X'o. IT,'" and also a petition 
for admission into union with said Convention in the form given hereafter 
as ''Form Xo. XIII."" 

5th. If the Convention shall determine to grant the prayer of said petition, 
it will do so in the form hereafter given as " Form Xo. XIY." 



FORMS, REFERRED TO IN THE PRECEDING INSTRUCTIONS. 

Form Xo. I. 

Petition for leave to organize a new ParisJi. 

To the Convention oftlte Protestant Episcopal CJ/urcJi of the Biocese of Mari/land: 

The undersigned, members of said Church in Parish, [or Parishes,] 

county, [or city or District,] respectfully ask leave, for themselves 

and others, to organize a ncAv Parish, by the name and style of 

Parish, county, [or city or District.] lying entirely within the Parish 

aforesaid, [or within the Parish aforesaid, and Parish or Parishes, as 

the case may be,] and contained within the following metes and bounds, 
viz : 

Beginning, etc.. [here describe it.] 

And your petitioners will ever pray. etc. 

[Signed by at least five persons.] 

[Insert iDlace and date.] 

Form Xo. II. 
Act creating a sejjarate Parish. 

Whereas, a petition has been ]n-esented, for leave to create a new Parish, 

from portions of Parish, [or Parishes,] to be comprised within 

the metes and bounds hereinafter specified, and it appears desirable that 
the prayer of such petition should be granted, and it further appears that 
all requisite preliminaries have been complied with : therefore 

Be it fnncfril. Ini the Cnnvention of the Protestant EpisropaJ Chirrch of the 
Biorrsr ofJl<,jf,on/; Tluit thc tciTitory contained within the metes and 
bounds described a> follows, that is to say — 

Beginning, for the same at [here give metes and bounds, as in the peti- 
tion. il)e. and the same is hereby, constituted a separate Parish, bv the 
name and >t\lQ of [here give name of new Parish, adding the name of the 
Count^^ City^)r District, in which it is situated.] entitled to -Al the privileges 
secured to other Parislies in tlie Diocese of Maryland by the Acts of the 
General Assembly of Maryland, (or. if within the District of Columbia, say 
instead of the Acts of the General Assembly of Maryland,"" the Laws 



FORMS AND INSTRUCTIONS. 



59 



in force in tlie District of Columbia.") and the Constitution and Canons of 
the Church in this Diocese. 

Form No. III. 

Record o f Eledion o f Vesf ryinen. 

Know all men l)y these presents; that on this day of , eighteen 

hundred and , the members of Parish of the Protestant Episco- 

X)al Church, in the Diocese of Maryland, qualified to vote at elections for 

A>strymen thereof, have met at — , nine persons so qualified to vote 

beinii' present, for the purpose of electing Vestrymen of said Parish, to 
serve until the ensuing Easter Monday, in manner as prescribed by the Act 
of Assembly of Maryland of 1798, ch. 24. At which meeting the following 
named persons Averc elected as such Vestrymen, to wit: 

{Here fnJJuir ill (' i; u ines ( >f til e pr i\^oiis ('l.ecied.) And furthermore — ijiere add 
an;/ further jifoceedi ni/s., rerorJ <if irliirli man desire J.) 

And we, the undersigned, qualified as aforesaid, and present at such meet- 
ing, do declare and certify that the foregoing record of proceedings is correct. 

[Signatures of Jive persons.] 

Form Xo. IV. 

Derla ration o f Asseid to Constitution and Canons. 

We, the undersigned, who were dulv elected A^estrymen of 

[here give name of Church, including that of the County or City in which 

situated,] at a meeting held for that purpose, on the day of 18 — , 

do hereby, collectively and individually, declare onr assent to the Constitu- 
tion and Canons of the Protestant Episcopal Church in the Diocese of Mary- 
land, and our adherence to the doctrines, discipline and worship of the said 
Church in the United States of America. 

Witness our hands this day of , 18 — 

Form Xo. V. 

Petition hy a neir Parish., for admission iido union witli tJte Convention. 

To the Convention ef the Protestant Epjiscopal Church of the Diocese of Maryland: 
A new Parish having been created, at the Annual Convention of this 

Church, held in the year 18 — , by the name of Parish, in 

County, (or City or District,) and the organization of the same having been 
duly made, as will fully appear by the accompanying documents filed here- 
with, the undersigned, the Rector, (if one) and \"estry, of said Parish re- 
spectfully ask, that said Parish may be admitted into union with the said 
Convention, and that it may hereafter have such Clerical and Lay repre- 
sentation as it may be entitled to, under the Constitution of said Convention. 
[Signed by Rector, (if one) and at least four of the ^""estry.] 

Form Xo. VI. 

R:'solution admittiru/ Parish into Union with Convention. 

Resolved, by the Convention of the Protestant Episcopal Church of the Dio- 
cese of Jlarylan f That — Parish County, [City or District] be, 

and the same is. hereby admitted into union with the Convention, and shall 
be entitled to all the rights secured to Parishes by the Constitution and 



6o 



FORMS AND INSTRCCTIOXS. 



Canons of the Protestant Episcopal Church hi this Diocese, or bv the Laws, 
applicable to Parishes, in force in Maryland (or in the District of Columbia.) 

Form Xo. YII. 

Peiitionfor leave to organize a new Congregation. 

To the Convention of the Protestant Episcopal Church of the Diocese of Maryland: 

The undersigned, members of said Church, in Parish, 

County, (or City, or District,) respectfully ask leave, for themselves and 
others, to organize a new Congregation, in the said Parish, bv the name 

and st3'le of Church, in the County (or City, or District) of 

And your petitioners, as in duty^ &c. 

[Signed by at least five persons.] 

[Insert place and date.] 

Form Xo. YIII. 

Resolution granting leave to organize Congregation. 

Wliereas a petition has been presented, by and others, for leave 

to- organize a new Congregation, in Parish County (or 

City, or District,) to be called {here give name) and it has been made to ap-« 
pear to this Convention, that the requisite preliminaries have iDcen com- 
plied with, therefore be it 

Resolved, By the Convention of the Protestant Episcopal Church of 
the Diocese of Maryland, that leave be. and the same is, granted for the 
organization of said Congregation, as prayed for. 

Form Xo. IX. 

Instrument for Pecord., and to he afterwards fl^::d with the Secretary of the Con- 
vention. 

Know all men \>\ these presents; that on the dav of eigh- 
teen hundred and [here give the names of nine persons including the eight 

, to be elected Vestrymen] all being alDOve the age of twenty-one years, mem- 
bers of a Congregation in the Church called the Protestant Episcopal 
Church, which said Church is known and acknowledged in this State, and 
protected in the free exercise of its religion, by the Constitution and Laws 
thereof, in pursuance of tbe provisions of the Article of the Code of Mary- 
land, entitled "Corporations," met at for the purpose of electing 

eight persons, who. with the Hector, or Minister, of the Congregation, for 
tlie time l3eing, are to be constituted, under the said Article a body politic 
and corporate as Trustees or Yestrymen, in behalf of the said Congrega- 
tion; and, loy the name of the Yestry of , to have perpetual succes- 
sion, and all other corporate powers, given by the said Article, and then 
and there proceeded to elect the eight sober and discreet persons herein- 

j after named as such Trustees or Yestrymen, and at the same time, being 

I the first election, determined and -fixed, as prescribed by said Article, on the 

following plan, agreement and regulation, as the Constitution of the said 
Congregation and of the said corporation, or A'estry, viz : 

i . 1st. This Congregation shall be called . 

2d. Tliis congregation, its Pector and Yestry. shall, at all times, adhere 
to the doctrine, worship and diseiiiline of the Protestant Episcopal Chitrcli 
in the United States of America, as set forth in its creeds, articles and iit- 
lu-gy; and shall be, at all times, subject to the spiritual jin-isdiction and au- 



FORMS AND INSTRUCTIONS. 



6i 



thoi'ity of the Bishop of said Church in the Diocese of Maryland, or. in case 
of alteration hereafter in the name or limits of said Diocese, to the Bishop 
of the Diocese within which the house of worship for said Congregation 
may be; and shall, as early as practicable, apply for admission into union 
with the Convention of said Church in the Diocese of Maryland, and upon 
such admission, shall observe and be subject to the Constitution and Canons 
of the said Diocese. 

3d. The corporation or Vestry, of said Congregation, shall consist of the 
Minister for the time being, who shall be styled the Eector; and of eight 
Laymen, qualified and chosen as hereinafter prescribed, who shall be called 

Vestrymen; and the name of the Corporation shall be ''The Vestry of 

of which the Hector shall be, at all meetings attended by him, the 

President, and, as such, shall have only a casting vote. 

4th. The first Vestrymen so as above elected, to wit, 

shall serve until the Easter Monday next ensuing the date of these presents; 
and until removed, as is hereinafter provided for. And on the said Easter 
Monday, and on every Easter Monda}' thereafter, all persons above twenty- 
one years of age, qualified members of the said Congregation, by having 
been duly enrolled in the Registry books thereof, at least thirty days prior 
to the said day, and having contributed to the charges of said Congregation, 
since the last election, the sum of two dollars, or such other less sum, as 
the Vestry may annually, within ten days after the election, make known 
and declare, shall assemble at the house of worship of said Congregation, 
or such other place as the Vestry may, by public notice, have appointed ; 
and they, or such of them as shall assemble, shall, by a majority of ballots, 
put out four of the eight Vestrymen, whom they please; and shall, immedi- 
•ately thereafter, elect, in like manner, four Vestrymen, from among the 
persons qualified as aforesaid, including those whom they may have voted 
out, all, or any, of whom they may elect; and such persons, so chosen, with 
the remaining V estry and the Rector, shall be the Vestry, until the next 
election. And if, for any cause, any jEaster Monday should be sulfered to 
elapse, Avithout such election, as aforesaid, an election may be held, on any 
day thereafter, as provided in the thirteenth section of the Act of Assembly, 
passed at November session. 1798, chapter 24, entitled an "Act for the 
Establishment of Vestries, etc.," and the supplements thereto. 

5th. The duties and powers of said Vestry, in respect to the property of 
the said Congregation, and alienation of the same; to vacancies in their 
own body, occurring by refusal to serve, or otherwise; to judging at and of 
elections; to the appointment of the Rector and other ministers, of Church- 
warden and Register; and to all other matters properly belonging to a 
Vestry, shall be as prescribed by the various clauses of the last mentioned 
Act and its supplements, except as regards the oath of office of themselves, 
and those whom they may appoint, for which they may, in their discretion, 
substitute a subscription in a book, to be kept for that purpose, of the 
proper parties, to a declaration of assent to this Constitution, and of ad- 
herence to the doctrines, discipline and worship of the Protestant Episcopal 
Church in the United States of America. 

In testimony of all which, the undersigned, so elected as Vestrymen have 

hereunto affixed our hands and seals, this day of A. D. 188 — . 

[Seal.l .[Seal.l 
[Seal.l [Seal.] 
[Seal.] [Seal.] 
[Seal.] [Seal.j 

Maryland, set. 

It is hereby certified that oh this day of , 18 — , before us, 

the subscribers, two Justices of the Peace, in and for county [or Bal- 
timore City] personally appeared , who 



62 



FORMS AND INSTRUCTIONS. 



are known to us of om- own knowledge, [or b}^ sufficient proof,] to be the 
identical persons mentioned and intended, in the foregoing instrument, as 
Trustees or Vestrymen ; by whom we have been well assured that the 
proceedings described therein were duly and legally conducted ; and who 
did afterwards acknowledge the said ins^trument'of writing, to be the plan, 
agreement and regulation for the government of the Congregation therein 
mentioned. 

_ — .J. p. 

J. P. 

I Judge of the \gke title of Court] do hereby certify that the 

foregoing certificate of incorporation has been submitted to me for my ex- 
amination, and I do further certify that the said certificate is in conformity 
with the provisions of the law authoriziug the formation of the said Corpo- 
ration. 



Form 2so. X. 

Instrument to he filed with Secretary of Convention. 

Know all men hij these presents^ That, on this da}' of , 18 — . we, 

the undersigned persons being above twenty-one years of age, members of 
a congregation in the Church called the Prote^stant Episcopal Church, 
which said Church is known and acknowledged in this District, and pro- 
tected in the free exercise of its religion by the laws thereof and by the 
Constitution of the United States, have, in pursuance of the provisions of 
the Eevised Statutes of the District of Columbia, Chapter XYIII, sections 

533 to 544, and the amendments thereof, met at , for the purpose of 

electing eight persons, who, with the Rector or Minister of the Congrega- 
tion for the time being, are to be constituted under the said provisions of 
law, a body politic and corporate as Trustees or Testr3'men in behalf of the 
said Congregation, and by the name of the Trustees of , to have per- 
petual succession and all other corporate powers given by the said provi- 
sions of law. At the same time, being the first election, they have 
determined upon the following plan, agreement, and regulation, as the 
constitution of the said Congregation and of the said corporation, viz : 

1st. This Congregation shall be called . 

2d. This Congregation and its Rector and corporation, shall at all times 
adhere to the doctrines, worship, and discipline of the Protestant Episc(t[3al 
Church in the United States of America, as set forth in its creeds, articles, 
and liturgy, and shall be at all times subject to the spiritual jurisdiction 
and authority of the Bishop of said Church in the Diocese of Maryland, or, 
in case of alteration hereafter in the name or limits of said Diocese, to the 
Bishop of the Diocese within which the house of worship for said Congre- 
gation may be ; and shall, as early as practicable, apply for admission into 
union with the Convention of said Church, in the Diocese of Maryland, and, 
upon such admission, shall observe and be subject to the Constitution and 
Canons thereof. 

3d. The Corporation or Yestry of said Congregation shall consist of the 
Minister, for the time being, who shall be styled the Rector, and of eight 
La^'men, qualified and chosen as hereinafter prescribed, who shall be called 
Trustees or Yestr^'men ; and the name of the corporation shall be "The 

Trustees of ," and the Rector shall be. at all meetings attended by 

him, the President of said corporation, and as such, shall have only a cast- 
ing vote. 

4th. The first Trustees or "X^estrymen shall be , who • 

are hereby declared duly elected to serve until the Easter Monday next 
ensuing the date of these xiresents. and until removed, as hereinafter pro- 



FORMS AND INSTRUCTIONS. 



65 



vided for. And on the said Easier Monday, and on every Easter Monday 
thereafter, all the male persons above twenty-one years of age, qnalilied 
members of the said Congregation, by having been duly enrolled in the 
Eegistry Ijooks thereof at least thirty days prior to the same, and having 
contriljnted to the charges of said Congregation since the last election the 
sum of two dollars, or such other less sum as the Vestr}' may annually,^ 
within ten days after their election, make known and declare, shall assem- 
ble at the house of worship of said Congregation, or such, other place as the 
Yestr}' may by public notice have appointed ; and they, or such of them as 
shall assemble, shall, by a majority of ballots, put out four of the eight 
Trustees or Testrymen. whom Uiey please, and shall, immediately there- 
after, elect in like manner four Trustees or Vestrymen from among the 
persons qualihed as aforesaid, including those whom they may have voted 
out, all or any of whom they may elect; and such persons so chosen, with 
the remaining Trustees or X'estrymen and the liector shall be the Testry 
until the next election. And if for any cause any Easter Monday should be 
suft'ered to elapse without such election a> aforesaid, an election may be 
held on any day thereafter. 

5th. The duties and powers of said Trustees or Vestrymen in respect to 
the property of the said Congregation, and alienation of the same; to va- 
cancies in their own body, occurring by refusal to serve, and otherwise ; 
to judging at and of elections ; to the appointment of the Kector and other 
Ministers ; and to all other matters usually belonging to a A'estry of the 
Protestant Episcopal Church, shall be such as are commonly possessed and 
exercised by ^^estries of said Chiu'ch in this Diocese, so far as consistent 
with the provisions of the Revised Statutes of the District of Columbia 
hereinbefore mentioned. 

EOEM Xo. XI. 
• Certificate of Eleciion and Incorporation for Record. 

Whekeas, the members of Clmrch of — , in the 

District of Columbia, are desirous of becoming incorporated in accordance 
with the provisions of the Eevised Statutes of the District of Columbia, Chap- 
ter XVIII. sections 533 to 544. and the amendments thereof, they do here- 
with present the following certificate and affidavits for record, as provided 
for in the above mentioned provisions of law, to wit : 

This is to certify that, at a meeting of the members of the said 

Chtu'ch. held on the day of . the following under- 
signed persons were elected Trustees of said Church, to hold 

office for the term of from the date of their election. 

In testimony whereof we have hereunto set our hands and seals this 

day of . 

(Signatures and seals.) 

Affidavit of Trustees. 

The undersigned, , of , District of Columbia, being 

duly sworn, deposes and states, that he is one of the persons whose names 
are signed to the within certiticate, and that the statement of facts therein 
contained is true, to the best of his knowledge and belief. 

(Signature.) 

Subscribed and sworn to before me, this — day of , — 

(Signature,) 
Justice of the Peace in and for . 

Note.— At the expiration of each term of service, an additional certificate shall be filed 
with the Recorder of Deeds, in manner and form as in No XII, following. 



64 



FORMS AXD IXSTRUCTIONS. 



rOE3I XO. XII. 
Certifioaie of Suhsequeni Election. 

This is to certify that at a meeting of the member? of the 

Church, held on the clay of . . the following named persons 

were elected Trustees of said Church, to hold office for the term of . 

from the date of their election, to wit : {Hei e foUov un/nes.) 

In testimony whereof, we have hereimto set our hands and seals this — 
day of . 

(Signatures.) 
Trustees for term last jjrecediug. 

Poem Xo. XIII. 

Petition hi/ n Xeir Coihirrrinfion. fnr adniission into Union. 

To tTie Convention of tlie Frott^ford Episrojiol Clundi of flie Diocese o f MriryJand: 
Leave having been granted, on a petition to the last Animal Convention, 
for the organization of a new Congregation, by the name and style of 

Church. County, [oy City or District. 1 and the organization 

of the same having been duly made, as will fully appear by the docinnents 
herewith filed, the under>ii;-ned. the "Rector and A'estry of said Congrega- 
tion, respectfully ask. that the >aid Cmigregation may l)e admitted into 
union with the Convention of this Diocese, and that it may hereafter have 
such Clerical and Lay Representation, as it may be entitled to. under the 
Constitution of the Convention. 

[Signed by the Rector (if there be one.) and at least foin- of the Testry.] 
[Insert date and place. 1 

FoK^r Xo. XIT. , 

Resolution admitting Sew Congregation into Union. 

E'^solved. by the Convention of the Protestant Episcopal Clmrch of the 

Diocese of Maryland, that the new Congregation formed in coimty. 

[or city.] under the name of Church, [here give name and county 

or city.] he. and the same is hereby, admitted into union with this Conven- 
tion, and shall be entitled to all the rights seciu'ed to Congregations organ- 
ized according to the provisions of the Constitution and Canons of the 
Protestant Episcopal Church in this Diocese. 

Poem Xo. XT. 
Certificate cf Incorporation o f Benevolent Society. 

This is to certify that we. the tmdersigned. all of whom are citizens of 
the Pnited States, and of full age. and a majority of whom are citizens of 
the District of Columbia, do hereby, conformably to the provisions of the 
Revised Statutes of the District of Columbia. Chapter XVIII. sections 54o 
to 552. and the amendments thereof, associate oin-selves together as a body 
corporate or politic to be known and designated as the . 

The particular business and objects of our said society and corporation 
are as folloM's : (Brief statement thereof.) 

The ntmiber of managers (or directors,) of the said society for the first 
term of is . 

In witness whereof we have hereunto appended oiu* signatures, this — 
day of . . 

(Signatm-es.) 



[Acknowledgment before Justice of the Peace or other officer authorized to administer oaths.] 



FOJ^MS AND INSTRUCTIONS. 



Form Xo. XYI. 

Parocliial Enrolmenf. 

We. the subscribers, male citizens of the State of Maryland or of the Dis- 
trict of Columbia, above twenty-one years of age, resident in Parish, 

County, (or city or District of Columbia,) do hereby severally enrol 

ourselves as members of the Protestant Episcopal Church, in said Parish, 
aureeably to the provisions of the Act of Assembly, passed at ^Tovember 
session. 1798, ch. 24, entitled ''An Act for the Establishment of Yestries for 
each Parish in this State.'' 



Subscriber's Xamk. 


Date of Enrolment. 







Form No. XYII. 

Certificate o f the rippointment of Lay Delegates to the Convention. 

This is to certify that and as his alternate, both being mem- 
bers of the Congregation, have been duly appointed by the Yestry of — 

Parish [or Congregation,! county, [or city or District,! (a Yestry 

elected by legaUy qualified members of the Protestant Episcopal Church,) 
to represent it in the next Convention of said Church in the Diocese of 
Maryland. 

Witness my hand this day of , 18—. 

A. B., Register {or Warden.) 

Declaration by Lay Delegate. 

I do herebj"" declare my belief in the Christian religion and attachment to 
the Protestant Episcopal Church, and profess myself a member thereof. 

' Lay Delegate. 

(1887,7^.11.) . Alternate. 



5 



LAWS OF MARYLAND 

ON RELiaiOUS MATTERS. 



DECLARATIOX OF RIGHTS. [1867.] 

Art. 38. That every gift, sale or devise of land, to any Minister. Public 
Teacher or Preacher of the Gospel, as such, or to any Eeligious Sect, Order 
or Denomination, or to. or for the support, use or benefit of, or in trust 
for. any Minister, Public Teacher or Preacher of the Gospel, as such, or 
any Eeligious Sect. Order, or Denomination: and every gift or sale of 
goods, or chattels, to go in succession, or to take place after the death of 
the seller or donor, to or for such support, use or benefit; and also every 
devise of goods or chattels to or for the support, use, or benefit of any 
Minister, Public Teacher or Preacher of the Gospel, as such, or any Eeli- 
gious Sect, Order, or Denomination, without the prior, or subsequent, sanc- 
tion of the Legislature, shall be void: except always, any sale. gift, lease 
or devise of any quantit}' of land, not exceeding fiA'e acres, for a chm'ch. 
meeting house, or other house of worship, or parsonage, or for a burying- 
ground, which shall be improved, enjoyed, or used onh' for such purpose: 
or such sale, irift. lease, or devise shall be void. 



ACTS OF ASSEMBLY. 



IXTEODUCTIOX. 

By the Act of Assembly. Chapter L of the Session of 1860, it is enacted. 
''That the two volumes of Eevised Laws reported by Otho Scott and Hiram 
McCallough, * * ¥ * i3g^ same are hereby adopted in lieu of, 

and as a substitute for, all the Public General Laws and the Public Local 
Laws heretofore passed by the Legislature of Maryland." 

•'And, further, that the savings and reservations and rules of interpreta- 
tion contained in the first Article of the Public General LaAvs be, and they 
are hereby, made a part of the Code." 

The third section of the hrst Article of the Public General Laws above- 
mentioned, is in the following w(n-ds. viz: 

•'3. Xo riglits. property, or privileges held under a charter or grant from 
this State shall be in any manner impaired or affected by the adoption of 
this Code." 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



67 



This section is also sectioi\ 3 of Article I of the Maryland Code of 1888 
by John Prentiss Poe, adopted March 14, 1888, and in effect January 31, 
1889. It virtually continues in force such of the following Acts as partake 
s of the nature of public acts, so far as they convey rights or privileges, 
although they are not included in the Code. 

VESTRIES. 
1798— Chapter 24. 

An Ad for the Estahlishnent of Vestri:s for each Farisli in this State. 

Whereas, it is represented to this General Assembly, that the act for the 
establishment of Select Vestries, and the supplements thereto, are inade- 
quate to the exigencies of the Protestant Episcopal Church in this State, 
for which the said acts were intended to provide. 

II. Be it enacted hy the General AssemhJij (f Mai ijland., That the Vestries 
shall be chosen for each Parish within this State, in the following manner : 
Every free white * male citizen of this State, above twent3'-one years of 
age, resident of the Parish where he offers to vote six months next preced- 
ing the day of election, who shall have been entered on the books of said 
Parish one month at least preceding the day of election as a member of the 
Protestant Episcopal Church, and who shall also contribute to the charges 
of the said Parish in which he offers to vote such sum as a majority of the 
Vestry in each Parish shall annually, within ten days after their election, 
in writing, make known and declare, not exceeding two dollars, shall have 
a right of suffrage in the election of Vestrymen for such Parish ; and all 
persons so qualified shall, on the next ensuing Easter Monday, assemble 
in their respective Parishes, at their Parish Church, or if there shall be two 
or more Protestant Episcopal Churches in any Parish, at the Church first 
built therein, or if there be in any Parish no such Church, then at such 
other place as the Rector of the Parish, or if there be no Rector, as any 
three or more Vestrymen, may have publicly notified to the parishioners, 
and the said persons, so qualified to vote, when assembled, or such of them 
as may assemble in each Parish, shall proceed, by a majority of votes, to 
elect, by ballot, eight Vestrymen, from among the persons qualified to vote, 
who, with the Rector of the Parish for the time being, shall be deemed and 
considered the Vestry of the said Parish for the ensuing year, and the Rec- 
tor of the Parish shall always be one of the Vestry. 

III. And he if enacted., That the Register of the Parish shall, and it is 
hereby declared to be his duty, to enrol any person of the Protestant 
E^jiscopal Church, who shall apply for the purpose, on the books of the 
Parish, under the penalty of eight dollars, and he shall be authorized to 
demand and receive the sum of six cents for each and every such enrolment. 

IV. And, to perpetuate the Vestry in each Parish, Be it enacted., That 
on refusal to serve, resignation, death, or removal from the Parish, with a 
view to reside elsewhere, or on legal discharge from serving, or any other 



* In the District of Columbia, the word " white " is stricken out, by Act of Congress. 



68 LAIJ^S OF MARYLAXn OA' RELIGIOUS MATTERS. 



disqualification of any person chosen a Vestryman, the Rector, (if any,) or 
if no Eector. any two of the Vestry, or of those persons wlio last pos- 
sessed the powers of A'estrymen. shall, with all convenient speed, appoint 
a general meeting of the parishioners entitled to sufirage as aforesaid, at 
the Parish Cluu'ch or elsewhere, as herein before mentioned: and at snch 
meeting, such of them as shall assemble shall proceed, by a majority of 
votes, to fill up snch vacancy or vacancies from among the persons qualified 
to vote, as herein before provided: * and on every Easter Monday for ever, 
after the first election as herein before directed, the Parishioners entitled 
to suffrage shall assemble, as herein before prescribed, and they, or such 
of them as may assemble, shall, by a majority of votes, put out four of the 
eight Vestrymen whom they please, and shall immediately thereafter elect, 
by ballot, four A'estrymen from among the persons qualified to vote, includ- 
ing those whom they have voted out, all or any of whom they may re-elect : 
and such persons so chosen, with the remaining Vestrymen and the Rector. t 
shall be the Vestry for the ensuing year. 

V. And be it enaded. That the A^estrymen of each Parish, or a majority 
of those who shall attend, shall judge of the election of Vestrymen, and 
of the qualification of voters, and of the qualification of the parishioners pro- 
130sed to be elected as Vestrymen. 

\1. And he if enarfed. That every person chosen a Vestryman shall, 
before he acts as such, take and subscribe the oath of support and fidelity 
required by the constitution and form of government, unless such person 
hath before taken such oath, and also make and subscribe a declaration of 
his belief in the Christian religion, and he shall also take and subscribe 
the following oath of ofiice, to wit: ''I, A. B., do solemnly swear, that I 

will faithfully execute the Office of a Vestryman of Parish, in 

county, without prejudice, favor, or afiection, according to the best of my 
skill and knowledge:*" which oaths and declarations, any justice of the 
peace, or any A^estryman present, may administer and take. 

VII. And be if enacted. That the first Monday in February, May, August, 
and Xovember, in each year, shall be the da^'S on which a Vestry shall be 
held in every Parish, at eleven o'clock in the forenoon, at the place at 
which A^estry elections are directed by this Act to be held, without any 
notice thereof, i and every A'estry may also hold adjourned or special meet- 
ings at such times and places as they may agree upon; at any which time 
or place, any four Vestrymen, together with the Rector, if he shall attend, 
if not. any four without him, shall be a sufiicient quorum for the transac- 
tion of any business whatever, which they are authorized to do by this 
act ; and whatsoever shall be thus done by a majority of such quorum, or 
of the members attending, if more than above directed, shall be valid and 
obligatory as if done by the whole A'estry: provided always, that due 
notice of all adjourned and special meetings shall be given to all the mem- 
bers of the Vestry. 

* Vestries are now authorized to fill up vacancies occurring in their own bodies — Vide 
December session, 1828. ch. 136. 

+ Vide Act of 1S02, ch. 105. and iSo:;, ch. 45, and 185S, ch. 300, relating to St. Peter's Church, 
Baltimore. 

t Xow not necessary, vide Act of December Session, 1S28, ch. 136, section 3. 



LAJVS OF MARYLAND ON RELIGIOUS MATTERS. 69 



VIII. And he if rnarird. That the JRector of each Parish for the thne 
bemg shall preside in the Yestry, collect the votes, and shall, upon au 
equal division of those present, have a vote, except in cases in which he 
is in any manner particularly interested, and he shall have, except he may 
otherwise contract with the Yestry. the possession, occupation, and free 
use of all the glebe-lands, houses, ground rents, books and other property 
belonging to his Parish, and be entitled to the benefits thereof during the 
time he shall ofiiciate therein as Rector. 

IX. And he it enacted. That the ^"es'try of each Parish, for the time being, 
as Trustees of the Parish, shall have an estate in fee simple in all Churches 
and Chapels, and in all glebes, and other lands, and shall have a good title 
and estate in all other property heretofore belonging to the Church of Eng- 
land, or which shall hereafter belong to the said Church, now called the 
Protestant Episcopal Church, in Maryland, and it shall be la^vful for such 
Yestr}' so to manage and direct all such property as they may think most 
advantageous to the interests of the parishioners, and they shall also have 
the property in all books, plate and other ornaments belonging to said 
Churches and Chapels, or any of them. 

X. And he it enacted. That if any Rector shall commit any waste on any 
glebe-land, or other land belonging to the Yestry of his Parish, or if he 
shall do any injury to his parsonage, or to his parish library, he shall be 
liable to pay treble damages, to be recovered of him by the Yestry in their 
corporate name, in the same manner as if he was not one of the Yestry. 

XI. And he d enacted., That on every Easter Monday, immediately after 
the election of A'estrymen, the Yestry shall proceed to choose from among 
the persons qualified to vote, two sober, discreet, and pious persons, to be 
Churchwardens for the ensuing year, and before they act as such, they 
shall take and subscribe the oath of fidelity, and make and subscribe the 
declaration herein before prescribed to be taken b}' A'estrymen. and also an 
oath, that they will faithfully discharge the duties of a Churchwarden. 

XII. And he it enactcL That every Churchwarden shall have power to 
keep the peace and also preserve order and decency in his respective Church 
or Chapels; and it shall be lawful for any Churchwarden to apprehend any 
person guilty of any breach of the peace, or of any disorderly conduct, or 
making a noise in any Church or Chapel, or in the Chm'ch or Chapel-3'ard, 
or other enclosure, so as to disturb the Congregation, and to turn such person 
out of the Church, Chapel-yard or other enclosure thereto belonging; and 
it shall be the duty of any person (who may be called upon) to assist the 
Churchwarden in the before-mentioned duties.* 

XIII. And he it enacted. That if. from any cause whatever, those persons 
qualified to vote in any Parish should suffer Easter Monday to elapse with- 
out any election of Yestrymen, then the said election may be held on any 
other day appointed for the purpose, at any time after, although it may be 
in any subsequent year, of which day notice shall be given by the Rector 
(if any) in his Church, immediately after divine service, on two succeeding 

* The nth Sec. of '"Act to incorporate certain persons in every Christian Chi:rch or Con- 
gregation," Nov. Session, 1802, ch. m, repeals so much of this act as confers the powers of 
civil officers of the peace on Churchwardens. 



70 



LA It's OF MARYLAXD OX RELIGIOUS MATTERS. 



?^uinlay>. and if no Rector. l\v an}- two A'estrvmen. or of those persons who 
last possessed the powers of A'estrymen. by writmg setup at the door of 
the Chm'ch ten days before the day of meeting. 

XIV. A,id he If enoj:tr<J. If Chmchwardens should not fr'om any cause be 
chosen l)y the A'estry on the day of the election of Vestrymen, it shall and 
may l>e lawful to choose them at any >ubsequent meeting of the Vestry, 
and such elections shall be held valid and obligatory. 

XV. A.rl I- -it um-fel. That the A>>try of every' Parish shall have full 
power and authority from time to titne to choose one or more Ministers or 
readers of the Protestant Episcopal Chinch, (heretofore called the Chiux'h 
of England.) to officiate in any Church or Chapel belonging to the Parish, 
and to perform the other duties of a Mini>ter therein, for such time as the 
said Vestry may think proper, and they may agree and contract with such 
Minister or Ministers, reader or readers, for his or their salary, and respect- 
ing the use and occupation of the parsonage-house, or any glebe or other 
lands, or other property, if any. belonging to the Parish, and on such terms 
and conditions as they may think reasonable and proper, and their choice 
and contract shall be entered among their proceedings; and upon the expi- 
ration of such contract, the said Vestry may. in their discretion, renew 
their choice, or make a new contract, but if they do not incline so to do. 
their former choice and contract shall remain until they declare their desire 
to make a new choice or contract, 

XVI. And hr if . i,j:rf, ,l. That if only one Minister shall be chosen for any 
Parish, he shall be called the Rector thereof, but where two or more Min- 
isters shall be chosen of the same order in the Ministry, they shall be 
called associated Rectors of such Parish, and shall preside in the Vestry by 
rotation: and in any Parish in which there shall, at any time, be more than 
one Minister regularly settled, and either of them of superior order in the 
Mini>try. such superior Minister shall have the sole right of presiding in 
the Vestry, and be called the Rector thereof, and the other or others shall 
be called associated ^Ministers of such Parish.* 

XVII. And //p d t:ui>-fe i. If the Vestry of any Parish should think it ne- 
cessary to take in subscriptions for the maintenance of their Minister or 
Ministers, reader or readers, or for paying the salaries of such other officers 
as the occasions of the Parish may require to be appointed, or for any other 
Parish purposes, it shall, and may. be lawful for them so to do. 

XVIII. Aud, ht if ennrfed. That the Vestry of every Parish shall be, and 
they are hereby, obliged to provide a tit person as Register of their Parish, 
whose duty it shall be tu keep true and fair entries of the proceedings of 
such A'estry in the execution of their trust, which Register also shall, be- 
fore he acts a> such, take and subscribe the oath of fidelity herein before 
mentioned, (unless he shall have before taken such oath.) and make and 
subscribe a declaration of his belief in the Christian religion, as also take 
an oath for the due and faithful execution of the duties of his office, to be 
administered as herein before directed. 

XIX. And he it ennrfe^K That it >hall be the duty of the said Register to 
enter in a book provided for the purpose, all baptisms, marriages andfune- 



*Vide Act of December Session, 1827. ch. 20. 



LAJ^VS OF MARYLAND ON RELIGIOUS MATTERS. 71 

rals, of free persons in the Parish by any Minister of the Protestant Epis- 
copal Chnrch, and which ma}' be made Ivnown to him by any of the said 
Ministers or Vestrymen of the Parish; and it sliall also be the duty of the 
said Eegister, in the entry of baptisms, to insert the Christian names of the 
persons baptized, the Christian and sm'names of the parents, with the dates 
of the baptisms and births of the persons baptized, and in the entry of mar- 
riages and burials to insert the times of the celebration, and the Christian 
and surnames of the persons married, and the persons buried; and it shall 
be the duty of the Minister or Ministers of every Parish, to take care that 
the said Register be made acquainted with all the baptisms, marriages and 
burials, celebrated by him or them in the Parish. 

XX. And be it enarte J, That if any Minister of the Protestant Episcopal 
Church shall celebrate any baptism, marriage or burial, in any Parish in 
which he may not be a settled Minister, he is hereby required to communi- 
cate it to the Rector, or some one of the Vestry, of the Parish, who shall 
communicate it to the Register of said Parish. 

XXI. And he it ciiadeh That if any Minister or Vestryman shall fail in 
the duties herein respectiveh' assigned them, or if any Register shall refuse 
or neglect to enter any baptism, marriage or burial, so made known to 
him. the person oftending shall forfeit eight dollars for every such offence. 

XXII. And he it enacted, That the Register of every Parish shall have the 
custody of all registers of baptisms, marriages, and burials, belonging to his 
Parish, and he is hereby obliged to show any person or persons, reasonably 
desiring it any such register, or give a certificate of the entry of any birth, 
marriage or burial, entered therein, which may be desired of him, and such 
certificate, under the hand of such Register, and with the common seal of 
such ^''estry annexed thereto, shall be received in evidence in all courts of 
justice within this State;* and for every search which may be required he 
shall be entitled to twentj'-five cents, and for every certificate as aforesaid 
he shall be entitled to twenty-five cents, nor shall he be obliged to make a 
search or give a certificate, until he shall have been paid the reward before 
allowed. 

XXIII. And he it enacted. That if any Vestry shall neglect or refuse to 
appoint a Register for their Parish, or to provide him with such good and 
substantial books as the execution of the duties herein committed to him 
may require, the individual Vestryman who shall vote against going into 
the appointment of a person to fill the oflice of Register, or shall refuse to 
vote on the question of said appointment, or against the provision of good 
substantial books as aforesaid, shall forfeit and pay the sum of five dollars 
each for every time he shall oftend, or vote as aforesaid, the said fine to be 
recovered before a single magistrate ; provided always. That the Vestry- 
man so oftending may, in all cases, allege before said magistrate, such 
excuse or excuses as he may think sufficient to relieve him from the pay- 
ment of the fine as aforesaid. 

XXIV. And he it enacted, That whenever special meetings of the Vestry 
shall be necessary, the Rector shall call them, but if there be no Rector, or 



*Vide supplement to this Act, Dec. Session, 1833, ch. 197. 



72 



LAWS OF MARYLAND OK RELIGIOUS MATTERS. 



if he shall be absent, or refuse or neglect to call a meetmg, then any two 
of the Vestr}' agreeing so to do may summon a special Vestry. 

XXV. And. the better to secure the attendance of members of the Vestry. 
Be it enoded. That no Vestryman shall absent himself from any stated 
meeting, or from a special or adjourned meeting, of which he may be duly • 
notified, without such excuse as the rest of the A'estry will allow, under a 
penalty not less than two or exceeding eight dollars. 

XXVI. And he if enacted. That if any person elected a Vestryman, 
agreeably to this act. shall, after convenient notice given him by the 
Eegister of the Parish, who is hereby required to give him such notice under 
the penalty of twenty dollars, refuse to serve as a Vestryman, according to 
the provisions herein made, without alleging such an excuse as the residue 
of the Vestry will allow, unless he shall have heretofore served two years, 
or been voted out at a former Vestry election, or if an}' person elected a 
Churchwarden, who has not before served in that office within the last three 
years, shall, after the same notice, refuse to serve as such, or, having been 
qualified shall retire from his office without the consent of the Vestry, before 
the time for which he was elected shall have expired; unless he shall have 
been disqualified for remaining a Churchwarden, the former shall forfeit 
twenty dollars, and the latter ten dollars. 

XXVII. And he it enacted^ That all fines and penalties b}' this act imposed 
shall be recoverable before any justice of the peace, and applied to the use 
of the Parish, in such manner as the Vestry may direct. 

XXVIII. And he it enacted. That the Vestrymen of every Parish in this 
State for the time being, shall be, and they are hereby declared to be. one 
community, corporation and body politic, for ever, bv the name of The 
Vestry of the Parish to which they severally belong, and hy the same name 
they, and their successors, shall and may have perpetual succession, and 
shall and may, at all times hereafter, be persons able and capable in law to 
pm-chase, take and hold, to them and their successors, in fee, or for any less 
estate or estates, any lands, tenements, hereditaments, rents, or annuities, 
within this State, by the gift, bargain, sale or devise, of any person or 
persons, bodies politic and corporate, capable of making the same, and such 
lands, tenements, or hereditaments, to rent or lease, in such a manner as 
they may judge most conducive to the interests of their respective Parishes, 
and also to take and receive any sum or sums of money, and any kind of 
goods and chattels, which may or shall be given, sold, or bequeathed unto 
them, by any person or persons, bodies politic or corporate, capable to 
make a gift, sale or bequest thereof, and to apply the same for the use of 
their respective Parishes as herein before directed ; provided, that the clear 
yearly value of the estate of any Vestry, (exclusive of the rents of pews, 
collections in Churches, funeral charges, and the like.) shall not exceed two 
thousand dollars. 

XXIX. And he if enacted, That no Vestry shall sell, alien, or transfer, any 
of their estates, or property belonging to their Church or Churches, without 
the consent of five at least of their body, (of which ninnber the Rector sliall 
always be one.) together with the consent of both the Churchwardens, and 
in case there be no Rector in the Parish, then it shall be necessary to obtain 



LAH^S OF MARYLAND ON RELIGIOUS MATTERS. 

9. 



73 



the consent of the Bishop of the Protestant Episcopal Church in this State 
for the time being, previous to any sale, alienation, or transfer, of any of 
the estates or property aforesaid. 

XXX. And he it enacted^ That no Vestry shall apply any of the principal 
of the money arising from th6 sales of any of the estates or property afore- 
said towards any debt or debts contracted with their Minister on account of 
his official duties. 

XXXI. And be it enade l., That nothing herein before contained shall be 
construed to prevent the Yestry of any Parish from buying at any time a 
lot of land, not exceeding two acres, for a burial ground, or a site for a 
church or parsonage-house, or from selling or renting the pews of their 
churches or chapels, provided in so doing the said Yestry shall not interfere 
with any existing right or title in any person to any pew or pews. 

XXXII. Atid be it enacted. That the Yestry of every Parish, and their 
successors, (by the name aforesaid,) shall be forever hereafter able and 
capable in law to sue and be sued, plead and be impleaded, answer and be 
answered unto, defend and be defended, in all or any courts of justice, and 
before all or any judges, officers, or other persons whatsoever, in all and 
singular actions, matters and demands whatsoever ; and that it shall and 
may be lawful for them, and their successors, forever hereafter, to have a 
common seal for their use, and the same, at the will and pleasm*e of them, 
and their successors, to change, alter, break and make anew, from time to 
time, as they shall think best. 

XXXIII. And be it enacted. That it shall be lawful for the Convention of 
the Protestant Episcopal Church in this State to divide or unite Parishes, 
as occasion may require, and to alter their bounds, and to constitute new 
Parishes ; and Yestrymen and Churchwardens of such new Parishes shall 
be chosen as hereinbefore provided, and shall have perpetual succession, 
and be incorporated by the name of The Yestry of such new Parish, and 
such Yestry and Churchwardeas shall have all the powers hereby granted 
in this act to other Yestrj^nen and Churchwardens ; provided always that 
a majority of the members of the Protestant Episcopal Church, qualified to 
vote for Yestrymen, residing in any Parish, or part or parts of a Parish or 
Parishes, proposed to be added to any new Parish or Parishes, or to be 
constituted into a new Parish, shall consent thereto. 

XXXIY. And be it enacted, That immediately after the election of Yestry- 
men, on the next ensuing Easter Monday, as hereinbefore directed, the 
act* entitled, An Act for the establishment of Select Yestries, and all the 
supplementary acts thereto, shall be and hereby are repealed. 

1823— Chapter 189. 

A supplement to the Act for the establishment of Vestries for each Parish in this 

State. 

Whereas, the act to which this is a supplement does not provide for the 
election of a Yestry in any Parish, in Avhich there may not be persons 
enrolled as in that act is directed, therefore, 

*March 177a, chap. 9. 



LAWS OF MARYLAND OX RE LLC 10 US MATTERS. 



Sec. 1. Be it enacted hij the General Assembly of Mari/land, That from and 
after the passage of this act, it shall and ma}- be lawful for any two or more 
members of the Protestant Episcopal Church, in any Parish in this State, 
in which there shall be no Vestr}', to call a meeting of the members of said 
Church at the Parish Church, or if there shall be no Parish Church, at any 
convenient place in such Parish, first giving ten days' notice of the time 
and place of such meeting by advertisement in writing set up at the most 
public places in such Parish, and the members of said Church when so 
convened shall have power to elect a Chairman and Secretary, the former 
to preside at such meeting, and to determine who of the members convened 
shall be entitled to vote, and the latter to record or take minutes of the 
proceedings, and the said meeting shall thereupon elect by ballot eight of 
the most religious and intelligent members of such Church as Vestrymen. 

Sec. 2. A)id be if enacted^ That the persons so elected shall, within ten 
days after their election, or as soon thereafter as practicable, meet and 
qualify in the manner now prescribed for other Vestrymen, and shall there- 
after be considered the Vestry of such Parish until the next Easter Monday, 
and as such shall have power to elect Clnnchwardens and a Register and to 
do all other acts which the Vestries can lawfully do. 



1827— Chapter 20. 

A supplement to the Act entitled an Act for the establishment of Vestries for 
each Parish in this State. 

Whereas, experience has shewn that associated Rectorships, as provided 
for by the sixteenth section of the act to which this is a supplement, are 
not in all cases expedient. 

Be it therefore enacted by the General Assembly of Maryland., That from and 
after the passage of this act, it shall and may be lawful for the Vestry of 
any Parish or Church or united Churches or Congregations within this 
State, where the ministrations of two or more Clergymen may be deemed 
necessary or convenient, to elect and call such Clergymen or any of them, 
either as Rector, associate Minister, or assistant Minister, or by such other 
appellation as said Vestry may think advisable, and designate the powers 
and duties to be exercised and discharged by such Clergymen or any of 
them. 



1828— Chapter 136, Section 3. 

Sec. 3. And be it enacted, That in future the Vestries of the Protestant 
Episcopal Church in this State shall not be obliged to meet on any stated 
days, or at any particular place, but only at such times and places as they 
may find most convenient ; and if any vacancy happens in the Vestry after 
their election, or any one elected shall refuse to serve, then the other mem- 
bers shall have the power to appoint a new member or members, as the 
case may be, to serve till the next succeeding annual election. 



LAWS OF MARYLAND ON RELIGIOUS MATTERS. 



75 



1833— Chapter 196. 

.1 mpplement to tlie Act entiiled an Act for the establishment of Vestries for 
each Parish in this State. 

Whereas, by the act to which this is a supplement, passed at jSTovember 
session, seventeen hundred and ninety-eight, chapter twenty-four, the 
Registers of Parishes are authorized to give certificates of the entry of any 
birth, marriage, or burial, entered in the register books of their respective 
Parishes, under tlie hand of such Register, and with the common seal of 
such Vestry annexed thereto, whicli shall be received in evidence in all 
courts of justice within this State; and whereas, many of the Vestries have 
neglected to procure a common seal ; therefore, 

Be it enacted hy the General Assembly of Marylojicl, That wherever the Ves- 
try of any Parish has neglected to procure a common seal, and until such 
common seal be procured, the Register of such Parish is authorized to give 
a certificate of the entry of any birth, marriage, or burial entered in the 
books of said Vestry, under the hand of such Register, which shall be 
received in evidence in all courts of justice in this State ; Provided never- 
theless, the said certificate is accompanied with a certificate of the Clerk of 
the County Court of the county in which said Register resides, under the 
seal of said County Court, that he knows of his own knowledge, or that it 
hath been proven to his satisfaction, that the person subscribing himself as 
Register of such Parish, is in fact the Register as stated, and that the said 
certificate was subscribed by said Register. 



CON^VENTIOlSr. 

1840— Chapter 67. [Passed, Feb. 13, 1841.] 

An Act to incorporate the Convention of the Protestant Episcopal Church of the 
Diocese of Maryland, for the purposes therein mentioned. 

Whereas, the members of the Protestant Episcopal Church, in Maryland, 
have subscribed for and raised a fund for the permanent support of the Epis- 
copate of said Church; and ichereas also, the Convention of the said Church, 
which by the constitution thereof is entrusted with the administration of 
its concerns, has no legal authority to receive, invest, or dispose of said 
fund or the proceeds arising therefrom, and to that end have asked that a 
law may be passed incorporating the said Convention, for the purpose alone 
of administering the said funds, according to the design of said contributors: 

Sec. 1. Beit enacted by the General Assembly of Maryland, That the per- 
sons who now constitute, and may hereafter constitute the Convention of 
the Protestant Episcopal Church of the Diocese of Maryland, shall be, and 
they are hereby, incorporated and made a body corporate and politic, by 
the name of the Convention of the Protestant Episcopal Church of the 
Diocese of Maryland, and by that name they and their successors to be 
elected, appointed, and qualified according to the form and effect of the 
constitution of the said Church for the time being, shall have perpetual sue- 



76 LAirS OF MARYLAXD OX RELIGIOUS MATTERS. 



cession, and by that name "be capable of suing and being sued in any court 
of law or equity in this State, and shall have and use a common seal, and 
the same break, alter and renew at pleasiu-e. and shall have and exercise 
such other powers as shall or may be necessary or proper, to carry into 
effect the objects of the incorporation. 

Sec. 2. Atulhe it enarft'L That the said corporation shall have full power 
and authority to take and hold subscriptions or contributions in money or 
otherwise, for the purpose of creating a permanent fmid for the support of 
the Episcopate in said Diocese, and the same to invest, and the proceeds 
thereof to apply for the purpose aforesaid, as may from time to time be 
deemed most expedient, and shall likewise have full power and authority 
to appoint an executive committee or other trustee^, by whatever name or 
names they may be designated, to administer said fimd in such manner and 
form, and with such authority as the said corporation shall from time to 
time prescribe : Prorided. ImircVf:,-. that the expenses of administering said 
fund, the salary of the Bishop, and other charges thereon, shall be payable 
and paid only out of the annual interest, dividends or profits of said finid ; 
and that the principal sum or amount of such contributions and subscrip- 
tions shall be at all times kept invested in some safe and profitable stocks, 
mortgages, or other seciu-ities. 

Sec. 3. J//'/ /" // rrifirfrd. That if this act shall be accepted by the Con- 
vention of the Protestant Episcopal Church of this Diocese, at their next 
annual meeting, the said Convention shall proceed to adopt such rules and 
regulations in regard to the said fund, and its administration, as to the said 
Convention may seem expedient.* 

Sec. 4. AikI he it eudrti-l. That nothing herein contained shall enlarge, 
restrict, or in any manner afiect the power or authority which the said Con- 
vention now hath, or may exercise or claim over the said Clmrcli in this 
Diocese, or the members thereof, but all such powers and authorities which 
are or may be claimed or exercised, shall remain in like conchtion. and none 
other, as if this act had not been passed. 

Sec. 5. AndJ,,: it enacted., That this act shall be. and the same is hereby, 
declared to be void and of no eftect. unless it shall be accepted by the said 
Convention, at its next annual meeting, and a certificate or act of such 
acceptance, filed Avith the Secretary of State, in three months thereafter.* 

1856 — Chapter 17. 

An Act nmcndatorii of the act incorporating the Convention of the FroteMant 
E:iisr,,ind ('Inii-fli. ill fir Jiinrrsr n t' M < 1 1' I f o nd . pusscd ttt Dccemher Sessioiu 
cijldtrn ItmidiL ' 11,1'J j'"i-fij. rjioptrr su:t ij-svccn. anthorizing the said Convention 
to take and hold .-"lisrrijdions or contrihutions in nioneg, or othencise. for relig- 
ious or chai ifahlr jnti jjoses. 

Sec. 1. Be it enacted hij the General Ass^emhli/ o f Mari/land. That the corpo- 
rate powers and privileges conferred upon the Convention of the Protestant 
Episcopal Church in the Diocese of Maryland by the original act to which 

* This act was accepted by the Convention on 27th of May. 1841. and a certificate of such 
acceptance was filed with the Secretary of State, immediately thereafter. 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



77 



this is an amendment, shall be and the same are hereby extended to enable 
the said Convention to take and hold subscriptions or contributions in 
money or otherwise, which may be made to or in behalf of the various 
associations for religious or charitable purposes, now existing or hereafter 
to exist in the several counties of this State and in the City of Baltimore, 
under the sanction of said Convention, and to appoint, in its discretion ex- 
ecutive committees or other trustees, by whatever name or names they 
may be designated, for administering the respective funds so arising as 
aforesaid, in such manner and form and with such authority as the said 
Convention may from time to time prescribe; Prorided (ihrnij.s^ That in such 
administration the respective funds shall be kept distinct and separate, and 
that each fund shall be held liable only for obligations that may have been 
incurred in its own proper behoof. 

Sec. 2. And he it enacted., That this act shall take efi'ect from the day 
when an official certificate of its acceptance by the said Convention shall be 
filed with the Secretary of State.* 

1878— Chapter 403. 

An Ad to erpj'iin certain ccuporate poirers and privdrijes lieretofore canfei rc /, <.iid 
also to con fer add itionaJ corporate poirers and privde</es upon the Convention of 
the Prot€>tt<int E])iscopat Chnrch of tJie Diocese of Maryland., h>j anthorizing it 
to receive hi/ ijifl . devise or othenrise, cojdrihntions in nionei/., land <n- other pro - 
pert and to ludd tJie sante fo)- tlu: puiposes therein mentioned. 

Sec. 1. Be it enacted hj/ the Genered Assenddy of Maryland., That the cor- 
porate powers and privileges conferred upon the Convention of the Protes- 
tant Episcopal Church of the Diocese of Maryland, by the act amendatory 
of the original act for the incorporation of said Convention, passed Decem- 
ber session, eighteen hundred and forty, chapter sixty-seven, and which 
said amendatory act was passed January session, eighteen hundred and fifty - 
six, chapter seventeen, be and the same are hereby explained and extended 
so as to enable the said Convention to receive by gift, devise or otherwise 
contributions in money, lands or other property, and to hold the same for 
burial grounds, church colleges, church or parish schools, for the support of 
missionaries and mission work, for building, adorning or repairing churches 
or mission chapels, and for such other general or special religious or chari- 
table work or agencies within the said Diocese, and now or hereafter under 
the jurisdiction, control or sanction of the said Convention, as may be desig- 
nated by the donor, with the same power in regard to the administration of 
the respective funds so arising, and subject to the same proviso contained 
in the amendatory act above mentioned. 

Sec. 2. And he d enacted., That this act shall take efi'ect from the day when 
an official certificate of its acceptance by said Convention shall be filed with 
the Secretary of State ; provided, however, that this act shall not be so 
construed as to interfere with the rights of any person under a proper legal 



* This act was accepted by the Convention of 1856, and a certificate of said acceptance was 
filed immediately thereafter with the Secretary of State. 



78 LAJVS OF MARYLAXD OX RELIGIOUS MATTERS. 



coustmction of any act or law in force at the time of the passage of this 
act.* 



COLLEGE OF ST. JAMES. 

1843 — Chapter 253. 

An Act to incoiyorate a Literary Institution in WasJiington County, under the name 
of the College of St. James. 

Sec. 1. Be it enacted by the General Assernhly o f Mar ijland. That Erederick 
Dorsey. Thomas Buchanan. John E. Dall, William EoUinson Whitting-ham. 
Theodore B. Lyman. John B. Kerfoot. Eenben Riley. Pvussel Trevet. Dwisht 
E. Lyman, and their successors, being memljers of and attached to the 
Protestant Episcopal Church in Maryland, shall he and they are hereby, 
constituted a corporation or body politic, by the name of the Trustees of the 
College of St. James, and by that name shall have perpetual succession, 
and may sue and ije sued, implead and be impleaded, and may pmchase and 
hold property, whether acquired by purchase, gift, or devise, and whether 
real or personal or mixed', and may make and have a corporate seal, and 
the same break and alter at their pleasme. and shall have all other rights 
belonging to similar corporations by the laws of thi> State. 

Sec. 2. And he it enacted. That the object of said association is hereby de- 
clared to be the promotion of Christian and lil^eral education. 

Sec. 3. An J he it enacted. That the entire management of the affairs and 
concerns of said corporation and college, and all the corporate powers 
hereby granted shall be, and are hereby, vested in a board of nine trustees, 
resident within the State : the persons named in the first section of this act 
shall be the fir>t tru-tee>. 

Sec. -i. -1/' ^ riKirfril. That the majority of the trustees shall have 
power from time to time to enact l;)y-law> for the regulation and manage- 
ment of the atfairs and concerns of said corporation and college, for filling 
\\\) vacancies in the board occasioned by death, resignation, removal from 
the State or otherwise, as may be provided for by the by-laws, and also to 
prescril;)e the number and description, duties and powers of the officers, the 
manner of their election, and the term of their offices. 

Sec. 5. And he it en"cfrd. That for the purpose of carrying out the object 
declared in the second section of this act. or for any pmpose connected 
therewith, the >aid corporation shall have power, from time to time, to 
purchase, take, and hold, real and per>orial estate, and to sell, lease, and 
dispose of the same: J^mri :r /. That the net annual value shall not exceed 
fifteen thousand dollars. 

Sec. 0. And he it enacted., That the said ccn-poration shall have and po>ses> 
the right and power of conferring the u>ual academical degrees. 

Sec. 7. And he if i-naeffd. That this charter shall be revocable at an^y time 
hereafter by the Legislature of this State. 

This act Avas accepted by the Convention of 1878, and an official certificate thereof filed 
with the Secretary of State. 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



79 



Sec. 8. Anl he it enacted. That the Trustees and Faculty of said College 
shall make a yearly report of the state of the institution to the Governor of 
the State, to be h\' him laid before the Legislature. 



1846— Chapter 172. 
An Act relating to the College of St. James i't Waslungton County. 

Sec. 1. Be it enac'e l by the G.-neral Assembly of Marylan>K That from and 
after the passage of this act, it shall not be lawful for the Clerk of Wash- 
ington County Court to issue a license to any person or persons to sell 
ardent spirits within two miles of the College of Saint James, in Washing- 
ton county, without an order in writing from one of the Judges of said 
Court, who is hereby authorized to grant such oi'der if he shall be satisfied, 
from the representations of respectable citizens in the neighborhood of said 
College, of J'he necessity and propriety of granting such license. 

Sec. 2. AjuI he it en-icted. That nothing in this act contained shall be con- 
strued to prohibit the granting by the Clerk of a license to the proprietor or 
tenant of the hotel at Lappon's Cross-roads, the same being a convenient 
and necessary house. 

Sec. 3. And he it enarfel. That all acts or parts of acts of the General As- 
sembly inconsistent with the provisions of this act be, and the same are, 
hereby repealed. 



1858— Chapter 381. 

An Act s:ippleyiieiit<iry to the Art (f DeceinJin- S ssion. eii/ldecn h^mdi e Jan 1 fortii- 
three, eliapter tiro li'indrt d and ffty-tJtrer. cutitJed an Act to in'-orporade a 
Literary Instdntion in Washington County., under the name of the College of St. 
James. 

Sec. 1. Be d enacted by the General Assembly of Maryl tnd, That the third 
section of the act to which this is a supplement be amended, so as. to read 
as follows : And he d enacted. That the entire management of the affairs 
and concerns of the said corporation and college, and all the corporate 
powers hereby granted shall be and they are hereby vested in a Board of 
nine Trustees, seven of whom shall always be residents of this State, and 
the persons named in the first section of this act, shall be the first Trustees.'' 

Sec. 2. And he d enacte J, That the Trustees shall have power to establish 
said corporation in any county within this State, and to remove the same 
from county to county in this State as often as to them shall seem expedi- 
ent and advisable. 

Sec. 3. And he d enacted, That this act shall take efiect as soon as the 
said corporation shall signify its acceptance of the same, by writing, under 
its corporate seal, filed with the Governor of this State, to be by him pre- 
served among its executive records. 



8o 



LAirS OF MARYLAND ON RELIGIOUS MATTERS. 



ST. PETER'S CHURCH. 

1802— Chapteb 105. 

An Ad to authorize the hmlrling of a Protestant Episcopal Churchy icithin the City 
of Baltimore., hy the name of St. Peter's Churchy and for other jmrposes. 

**** **=f:** 

Sec. 3. And he it enade l. That when the said Church shall be so built as 
to admit of Divine worship to be performed therein, that the said Jeremiah 
Yellott, John Scott, William Jolly, Hezekiah Waters, Josias Pennington, 
Simon Wilmer of Edward, and James Corrie, and the survivors or survivor 
of them, shall, by advertisement in the ditferent newspapers in the City of 
Baltimore, notify the subscribers thereto, professing themselves members 
of the said Church, to assemble and meet together in the said Church, 
thirty days at least after such nofitication, for proceeding to the election of 
a Yestry to the said Church. • 

Sec. 4. And he it enacted. That the said subscribers, professing them- 
selves members of the said Church, or so many of them as shall then and 
there assemble and meet together, shall proceed to elect, by ballot, by a 
majority of votes, nine Vestrymen, from among the members of the said 
Church, who shall be deemed and considered the Yestry of the said Chm-ch 
for the ensuing year. 

Sec. 5. And he it enacted, That when the said Yestry shall be thus elected, 
that they shall have and enjoy every right, power, benetit, privilege, and 
indulgence, that is given or granted to, used, or enjoyed by, any other Yes- 
try of the Protestant Episcopal Church within the State of Maryland. 

Sec. 7. And he it enacted. That after the said first election of the ^"estry 
to the said Chm-ch shall have been made as herein directed, the subscribers 
to and members of said Church, contributing to and attendants on the same, 
and being free white male citizens, shall annually, on Easter Monday, 
meet in said Church, and elect nine Yestrymen for the ensuing year, by a 
majority of votes, by ballot.-^ 



1803- Chapter 45. 

A s^ippJemei/t to the Act. entitled An Act to authorize the hnildiny of a Protestant 
Episcnpnl CJoircJi within the City of Baltimore, hy ilie name (f St. Peter's 
Church, an I for otlier purposes., passed at Novemher session., 1802. 

Sec. 3. And he it ennrte K That the Vestry of the said Church, for the time 
being, may impose such annual rent on each and every pew in the said 
Church for the sui)port of the Minister of the said Church, and for other in- 
cidental expenses, as they may think proper: Provided always, that the 
said Vestry shall not imiiosp such rent or charge on any pew before the 
same shall be sold by the said Trustees, or all debts by them contracted. 



^Repealed in part by Act 1S5S. Ch. ^oo. Sec. i. 



LAIVS OF MARYLAIVD ON RELIGIOUS MATTERS. 8 1 

• 

and sums of money by them advanced for the pui'x^oses aforesaid, shall be 
paid and discharged. 

Sec. 4. And be if enacted^ That the Vestry of the said Church shall not 
appoint or agree with a Minister to officiate in the said Church for a longer 
time than one year, but they may re-elect or re-appoint the same Minister 
from time to time.* 

Sec; 10. And be it enacted^ That after the first election of a Vestry to the 
said Chm'ch, no person shall be entitled to vote for a Vestryman for said 
Church but free white male citizens, twenty-one years of age, holding a pew 
or half pew, in the said Church, and professing themselves members of the 
same. 

Sec. 12. And be it enacted^ That any Vestry of the said Church, for the 
time being, may purchase the fee of the lot on which the Church is built, 
and the fee of the lot of land purchased, or which may hereafter be pur- 
chased, for a burial ground, if the same shall not in the first instance be 
purchased in fee. 



1858— Chapter 300. 

An Act relating to the Vestry of St. Peter'' s Church, in the City of Baltimore. 

Sec. 1. Beit enacted by the General Assembly of Maryland, That so much of 
the seventh section of an act entitled "An Act to authorize the building of 
a Protestant Episcopal Church, in the cit}^ of Baltimore, by the name of 
St. Peter's Church, and for other purposes," passed November session, 
eighteen hundred and two, chapter one hundred and five, as requires the 
election of nine Vestrymen for St. Peter's Church, shall be and is hereby 
repealed. 

Sec. 2. And be it enacted., That from and after the first Easter Monday 
following the acceptance of this act by the Vestry of said Church, the Ves- 
try thereof shall consist of the Rector, who shall be President thereof, and 
of eight Laymen, to be chosen in the same manner as the nine are now 
chosen. 

Sec. 3. And be it enacted., That the fourth section of an act entitled, "A 
supplement to the Act entitled An Act to authorize the building of a Pro- 
testant Episcopal Church within the city of Baltimore, by the name of St. 
Peter's Church, and for other purposes," passed at i^'ovember session, 
eighteen hundred and three, chapter forty-five, be and the same is hereby, 
repealed. 

Sec. 4. And be it enacted.. That this act shall go into efiect so soon as it 
shall be accepted by the Vestry of the said Church, and a certificate of such 
acceptance filed with the Secretary of State. 



*Repealed by Act 1858, Ch. 300, Sec. 3. 



82 



LAWS OF MARYLAND ON RELIGIOUS MATTERS. 



1805— Chapter 6. 

An Act for tlie EstablisJiment of a School in the City of Baltimore. 

Whereas., the Reverend George Dasliiell. Rector of St. Peter's Protestant 
Episcopal Cliui'cli, in the city of Baltimore, and sundr}- other persons mem- 
bers of said Church, have associated for the pui-pose of maintaining and ed- 
ucating poor children, and this General Assembly being desirous to assist 
such institutions by vesting their promoters with corporate powers; there- 
fore. 

Be it enacted hy the General AssemhJy of Maryland., That the Reverend 
George Dashiell, Edward Johnson, Thomas Rutter, Josias Pennington, 
William Jessop, Hezekiah Waters and Henry Dorsey Gough, and their suc- 
cessors in oiRce, who shall be duly elected in the manner hereinafter de- 
scribed, are hereby declared to be one community, corporation and body 
politic, forever hereafter, by the name and style of the Trustees of St. 
Peter's School, and by that name they shall be, and are hereby made, able 
and capable in law to have, purchase, receive, possess, enjoj' and retain to 
them and to their successors aforesaid, lands, tenements, rents, annuities, 
pensions and other hereditaments, in fee simple, or for a term of years, life, 
or lives, or otherwise, and also goods, chattels or effects, of what natm*e, 
quality or kind soever, by the gift, bargain, sale or devise, of an}' person or 
persons, bodies politic or corporate, capable to make ^ the same, and the 
same to grant, devise, alien or dispose of, in such manner as they may 
judge most conducive to the benevolent and charitable uses of said society; 
Provided always., that the said corporation or body politic shall not, at any 
time, hold or jDossess property, real, personal or mixed, exceeding in yearh' 
revenue eight thousand dollars. 

3. And he it enacted. That when any parents or guardians, or any orphans' 
com't, shall have placed any poor child or children in the beforementioned 
institution, they shall thenceforth be under the control and management of 
the said institution, until it shall be thought proper by the Trustees of said 
school to bind out such poor child or children for the term which b}^ law 
other poor children shall or may" be bound, any law of this State to the con- 
trary notwithstanding: Prodded., That nothing herein contained shall be 
construed to abridge the security aftbrded to such persons b}" the laws con- 
cerning apprentices. 

4. And he it enacted^ That the Reverend George Dashiell, Edward John- 
son, Thomas Rutter, Josias Pennington, William Jessop, Hezekiah Waters, 
and Harry Dorsey Gough aforesaid, shall and are hereby empowered to 
serve as Trustees of the said school, until the election of the Vestry of the 
Church of St. Peter's aforesaid for the year one thousand eight hundred and 
seven, and that at that time the power and office of the persons beforemen- 
tioned shall, as Trustees, expire, and an election of seven Trustees, always 
including the Rector of the said Church, shall then and ever thereafter be 
made, by such members of the congregation as have the privilege of voting 
at an election for the Vestry, at the same time and in the same manner as 
the election by said members of the congregation is made for the Vestry of 



LAWS OF MARYLAND ON KELIGLOUS MATTERS. 



83 



St. Peter's Church aforesaid; but hi case of a vacancy or vacancies occasioned 
by death, resignation, removal out of the State or disqualification of any of 
the said Trustees in the intermediate space of time between the passage of 
this act and the election directed to be made as aforesaid, the remaining' 
Trustees, or a majority of them, shall fill up such vacancy or vacancies : 
Provided always.. That their choices shall be made from the congregation of 
St. Peter's Church aforesaid. 

5. And he it enacted., That the said Trustees and their successors, or a ma- 
jority of them, shall and may ordain, establish, and put in execution such 
by-laws, ordinances, and regulations as to them shall seem conducive to the 
interests of the said institution, and necessary to the good government and 
orderly management thereof, the same not being contrary to the laws of 
this State or of the United States, and generally to do and execute all such 
acts, matters, and things, and in such manner and form as to them shall 
seem proper, in order more efi'ectually to carry into eft'ect the purposes of 
this act : Provided always, That a majority of the Trustees in being shall 
be necessary to form a quorum for the transaction of business. 

6. And he it enacted., That the aforesaid Trustees and their successors, by 
the name aforesaid, shall be able and capable in law to sue and be sued, im- 
plead and be impleaded, answer and be answered, defend and be defended, 
in all and any court or courts of justice whatsoever, and also to make and 
use a common seal, and the same to break or renew at pleasure. 



1849— Chaptp:r 525. 
An Act to incorporate the St. Peter''s Asyluin for Femcde Children. 

Whereas., a number of ladies in the city of Baltimore, attached to the 
Protestant Episcopal Church of St. Peter, there, having associated them- 
selves for the establishment and support of an institution to be devoted to 
the maintenance and education of destitute female children, and, for the 
promotion of their j)urpose, have asked that a charter be granted them. 

Sec. 1. Be it enacted hy the General Assemhhj of Maryland, That Mrs. Key- 
ser, Mrs. Keirle, Mrs. Levering, Mrs. Long, ancTall others, the ladies now 
contributing, or hereafter to become contributors to the Saint Peter's 
Asylum for female children, be, and they are hereby, constituted and cre- 
ated a body politic and corporate by that name, and by the same name shall 
be, and they are hereby, empowered to have and to use a common seal, to 
implead and be impleaded, to receive from any parent, guardian, Orphans' 
Court, or other person or authority in charge, any destitute female child or 
children for the support and education, mental and religious, of such chil- 
dren, until they shall reach the age of eighteen years, or for a shorter period, 
as they shall in each case determine, to bind out any child so received when 
they shall judge it necessary, but so, however, that they shall be free at the 
age of eighteen years; to take by gift, grant, devise, bequest, or otherwise, 
lands, tenements, hereditaments, moneys, goods, and chattels, and to con- 
vey the same, including herein the power to receive from the Trustees of 
yaint Peter's School, incorporated by an act of the General Assembly of 



84- LAWS OF MARYLAND ON RELIGIOUS MATTERS. 



this State, passed at JiTovember session, amio Domini eighteen hundred and 
five, any moneys or property which said Trustees may judge it conducive to 
the benevolent and cliaritable uses of their Society so to give, and generally 
'to have and to exercise all other corporate powers which maybe necessary 
or proper to etiectuate the end of the creation of said bod}' politic. 

Sec. 2. And he it enacted^ That the internal government and direction of 
the body politic hereby created, shall be vested in a Board of Managers, to 
consist of twelve ladies, either married or unmarried, being annual con- 
tributors of five dollars or more, to be annually elected on Easter Monday, 
by the female annual contributors to the Asylum of the amount of one dol- 
lar or upwards, who shall be members of the congregation of St. Peter's 
Protestant Episcopal Church; said Managers to till up the vacancies which 
ma}- happen in the number in the course of the year, and in the event of the 
failure of election from any cause, to hold over until their successors are 
duly elected; to have the power to make by-laws for their own govern- 
ment and that of the Asylum; to employ and fix the duties and compensa- 
tions of all agents and servants whom they may find necessary at the Asy- 
lum, and generally, to have and exercise all powers needful for them in the 
premises, and that all corporate powers conferred by this act. other than 
those which concern the internal government and direction of its atiairs, 
shall be exercisable by a board of five Trustees, or the major part thereof, 
to consist of Messrs. Samuel S. Keyser, Ellis B. Long, Clinton Levering, 
William W. Wayman. and William Woodward, and their successors, who 
shall be authorized, from time to time, to fill all vacancies in their number 
from whatever cause arising: Provided always, that nothing herein con- 
tained shall empower them to exercise any banking privileges, or to issue 
any note in the nature of a bank note. 

Sec. 3. And he if enacted. That the right is hereby reserved to the Gene- 
ral Assembly to alter, amend, or annul this act of incorporation, at its 
pleasure. 



CHRIST CHTECH. 

1828— Chapter 136. 

An act to incorporate the Memhers of Christ Church, in the City of Baltimore., as 
a separate Congregation of the Protestant Episcopal Church of the United 
States.* 

Sec. 1. Be it enacted hi/ the General AssemhJij of Maryland. That the Con- 
gregation of Christ Church in the City of Baltimore, now forming a part 
of St. Paul's Parish of Baltimore County, shall be, and are hereby, incor- 
porated as a separate Congregation of the Protest-ant Episcopal Church of 
the United States, by the name and style of The Testry of Christ's Church 
in the City of Baltimore, and by that name shall severally have and exer- 
cise all such powers, immunities, rights, and privileges relating to the Con- 
gregation hereby incorporated, as are lawfully exercised and held by the 



* Amended by Act 1872, Chap. 297. 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



85 



incorporation of St. Paul's Parish aforesaid in this State, under the act of 
1798, chapter 24, and by the same laws, and in all respects be on the same 
footing with other separate Congregations of said Church in this State. 

Sec. 2. And he it enacted, That the Yestry elected by the said Congrega- 
tion are hereby confirmed in their office till the period appointed by the act 
of 1798, for the electing a new Yestry, and they shall have legal authority 
to receive a conveyance to them, and their successors, of such real and per- 
sonal property as may have been agreed to be conveyed by St. Paul's Parish, 
and to transmit the same to their successors. 



1840— Chapter 107. 
An act to incorporate the Christ Church Asylum for Femcde Children.'^ 

Whereas, a number of ladies in the City of Baltimore, desirous to atford 
to destitute female children the opportunities of education and the means 
of support, have associated themselves for the establishment and mainte- 
nance of an institution to be devoted to those ends, and for the promotion 
of their pm'pose have asked that a charter be granted them. 

Sec. 1. Beit enacted by the General Assembly of Marylan':!^ That Mrs. Git- 
tings, Mrs. Wyman, Mrs. James Howard, and Mrs. Jenkins, and all others, 
the ladies now contributing, or hereafter to become contributors to the 
Christ Church Asylum for Female Children, be and they are hereb}' consti- 
tuted and created a body politic and corporate by that name, and by the 
same name shall be and they are hereby empowered to have and to use a 
common seal, to implead and to be impleaded, and to take and convey 
lands, tenements, hereditaments, moneys, goods, and chattels, to an amount 
not exceeding in yearly value the sum of five thousand dollars. 

Sec. 2. An-I be it enacted, That the corporate powers and capacity by this 
act conferred, shall be exercisable only for the support and education of 
female children; and that when any parent, guardian, or orphans' court of 
this State, shall have placed any female child or children with the said body 
corporate, the said child or children shall be subject to the regulations 
applicable by law to apprentices, until it shall be thought proi^er by said 
body corporate to bind them out, which it is hereby authorized to do until 
the}' reach the age of eighteen, in the manner in which other female chil- 
dren may be bound; provided, that nothing herein contained be considered 
as abridging the security aftbrded to such children by the laws concerning 
apprentices. 

Sec. 3. And be if enacted, That the authorit}" herein before given to use a 
common seal, to implead and be impleaded, to purchase and convey lands, 
tenements, and hereditaments, to bind out children and to appoint a Board 
of Managers, as is hereinafter specified, shall reside in a Board of Governors, 
to consist of John S. Gittings, James Howard, A. J. Henderson, Samuel 
Wyman, and James Mason Campbell, Esquires, and their successors, and 
that said Board shall have power to fill all vacancies which may occur 
among its members, b}' death, remova.1, resignation, or otherwise, and to 



*The original Act was that of 1830, Ch. 307, which is superseded by this Act. 



86 LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



make such officers from among their own number, as they may think neces- 
sary. 

Sec. 4. And he it enacted., That tlie collection and employment of the- 
means of said body corporate, in the support and education of female chil- 
dren, shall be confided to a Board of Managers^ to consist of twenty-five- 
ladies, either married or unmarried, being annual contributors of five dollars 
or upwards, to be annually appointed by the Governors, upon whom shall 
devolve also the duty, if requested by the said Board of Managers, of filling 
up any vacancies happening during the current year ; said Board of Man- 
agers to have power to contract in the name of the bod}- corporate for the 
renting of houses, for the pmrhase of all things necessar}' for the support 
and education of the children, and for the employment and compensation of 
agents and servants, to appoint any officers they may think expedient, and 
define their duties and term of oftlce; to pass such by-laws for their govern- 
ment and that of the asylum as they conceive proper, so that they be not 
against law, including herein the power to determine Avhat number of their 
body shall constitute a quorum : and generally to have and exercise all the 
powers which may by a liberal construction be necessary for eflecting the 
end of the creation of said body politic, and Avhich are not herein before 
vested in the Governors. 

Sec. 5. And he it enacted. That the right is hereby expressly reserved to 
the General Assembly of Maryland at its pleasure to alter, amend, or annul 
this act of incorporation : provided, nothing herein contained shall be con- 
strued to confer upon said body politic, nor the Board of Governors, nor the 
Board of Managers any banking privileges, nor the right to issue any note 
in the nature of a bank note. 



1S72— Chapter 297. 

An Act to amend the Act of Chapter 136. [etc.. Im- or ji orating the 3Iemhers of 

Christ Chvrclt. C it y of Baltimore.'] 

Whereas., the Testry of Christ Church, in the City of Baltimore, referred 
to in the above entitled act. have recently erected a new Chm'ch edifice 
upon a lot of ground purchased by them on the northwest corner of St. 
Paul and Chase streets, in the City of Baltimore, and have called the same 
Christ Church ; and, 

Wliereas, they are desirous of retaining the Church edifice on the corner 
of Gay and Fayette streets, heretofore held by them and formerly called 
Christ Church, but now called the Chm'ch of the Messiah, as a place of 
worship ; and, as contributions for the purpose of so retaining said Church 
have been made by persons other than those connected with the Congre- 
gation of Christ Church, it is desirable that said Church, now called the 
Church of the Messiah, should be free from all debts contracted, or to be 
contracted, by the said Vestry of Christ Church, in reference to the said 
new edifice. 

Sec. 1. Be if enacted hi/ the General Assenihli/ of Mart/land, That the Testry 
of Christ Church, in the City of Baltimore, incorporated by the Act of 1828^. 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



87 



chapter 136, be, and they are, by theh' said corporate name, authorized to 
hold the said lot of ground and Church edifice, noAv erected thereon, on the 
northw est corner of St. Paul and Chase streets, in the City of Baltimore, 
now called Christ Church, in the same full and ample manner, and trans- 
mit the same to their successors, as they are authorized to hold any prop- 
erty by virtue of the said original act. 

Sec. 2. An'l he if enacted, That the said Vestry of Christ Church, in the 
Cit}^ of Baltimore, shall be authorized to hold and dispose of the property 
held by them on the corner of Gay and Fayette streets, with the Church 
edifice thereon, former I3" called Christ Church, but now the Church of the 
Messiah, free, clear, and discharged from all debts of the said corporation, 
except such as may be created in special reference to the management of 
said Church. * 

Sec. 3. And be it enacted, That in order that the atFairs of said Church of 
the Messiah may be managed in such a way as to be separate from the 
charges and expenses of said Church, now called Christ Church, the entire 
management and control of the said Church of the Messiah shall be vested 
in live Trustees, to be appointed by the Yestry of Christ Church, in the City 
of Baltimore, and that said Trustees, so appointed, shall have such control in 
the management of said Church, as is now exercised by Yestries of Churches 
in the Protestant Episcopal Church, in the State of Maryland, except that 
the said Trustees shall have no power to create any debt, charge, or lien 
upon the said Church, and shall have no power to sell the same, and no 
power shall exist to sell the same, except by the joint consent of the Yes- 
tries of Christ Church, in the City of Baltimore, and of Grace Church, in 
the City of Baltimore. 

Sec. 4. And he it enacted. That the said Yestry of Christ Church, in the 
City of Baltimore, shall, annualh^, on or before the first day of May, make 
appointment of the said Trustees, to serve for one year from said date, and 
in the event that before said first day of May in anj' year there shall no 
appointment be made as prescribed, that then the Trustees of the former 
3'ear shall hold over for one year longer, commencing from said first day of 
May. 

Sec. 5. And be it enacted, That the said Yestry of Christ Church in the 
City of Baltimore, shall, at some meeting to be held by them on or before 
the first day of May, 1872, to determine whether they will accept of the pro- 
visions of this act, and enter such their determination upon their minutes 
of proceedings, and if they should determine to accept the same, then this 
act shall be in force from and after said acceptance. 

Sec. 6. Be it enacted, That the Legislature of Maryland shall have power 
to alter or repeal this Act, or the original Act, at their pleasm*e. 

ST. TIMOTHY'S HALL. 
1847— Chapter 209. 
An Act to incorjjorate the Trustees of St. Timothy'' s Hall, a Literary Institution 

in Baltimore county.* 

*The Institution has ceased to exist. 



88 LAWS OF MARYLAND ON RELIGIOUS MATTERS. 



1852— Chapter 319. 
An Act concerning tlie Students of St. Timotlufs Hall, Baltimore county.'' 

IXSTITUTIOXS OF ST. PAUL'S PARISH, BALTIMOEE. 

1T99— Chapter 44. 

An Act to incorporate a Societi/ for the maintenance and education of j^oor 
Female Children, lij the name of The Benrrdeid Society of the City and County 
of Baltimore. 

Whereas ^ The Eeverend Joseph G. J. Bend and the Reverend John Ire- 
land. Associate Rectors of St. Paul's Parish, in the City and Coimtv of 
Baltimore, and sundry other persons of the City and County of Baltimore, 
have associated themselves for the truly benevolent purpose of establishing 
an institution for the maintenance and education of poor female chilch'en, 
and by their petition to this General Assembly represented, that their 
endeavors would be followed by more beneficial consequences if the society 
wa.^ hivested with corporate powers : And udiereas, this General Assembly 
is desirous to give proper assistance to humane and benevolent institutions, 
more especially to those having for their object, the instruction of youth, 
on which the virtue and happiness of society so much depend ; therefore, 

2. Be it enacted hy the Gcja/i-nl Assembly of Jlaryf/jid, That the said Reve- 
rend .Joseph G. J. Bend and the Reverend .John Ireland, Associate Rectors 
of St. Paul's Parish aforesaid, and their and each of their successors, George 
Grimdy, Xicholas Rogers, Henry Xichols, John Merryman. and Hezekiah 
Clagett. and such other male persons as may from time to time hereafter 
unite with them in their benevolent design, and become contributors and 
subscribers to the said society, shall be, and they are hereby declared to be, 
one community, corporation, and body politic, for ever hereafter, by the 
name and style of The Benevolent Society of the City and Coimty of Balti- 
more, and by that name they shall be, and are hereb}', made able and 
capable in law to have, piu'chase, receive, possess, enjoy, and retain, to 
them and their successors, lands, tenements, rents, annuities, pensions, and 
other hereditaments, in fee simple, or for a term of years, life, lives, or 
otherwise, and also, goods, chattels, and eftects, of what nattu-e, kind, 
or quality soever, by the gift, bargain, sale or devise, of any person or 
persons, bodies politic or corporate, capable to make the same, and the 
same to grant, devise, alien, or dispose of in such manner as they may judge 
most conducive to the benevolent and charitable uses of said society; 
provided nevertheless, that the said corporation or body politic shall not, at 
any one time, hold or possess property, real, personal, or mixed, exceeding 
in total value the sum of fifteen thousand dollars. 

3. And be it enacted, That when any parents or guardians, or any orphans' 
court, shall have placed any female child or children in the before-men- 
tioned institution, they shall henceforth be under the control and manage- 
ment of such persons as the society may have appointed to manage their 
concerns, until they shall think fit to bind them out. which they are hereby 



*The Institution has ceased to exist. 



LA]f'S OF MARYLAND ON RELIGIOUS MATTERS. 



89 



empoAvered to do for any term, not exceeding the period at which such 
female child or children shall have completed her or their sixteenth year, 
an^'thing in any hiAv of this State to the contrary notwithstanding ; pro- 
vided, that nothing herein contained be construed to abridge the security 
aft'orded to such persons by the law concerning apprentices. 

4. And he it enacted^ That the said society, and their successors, by the 
aforesaid name, shall be forever hereafter, able and capable in law to sue 
and be sued, plead and be impleaded, answer and be answered, defend and 
be defended, in all or any courts of justice whatsoever, and also to make, 
have, and use a common seal, and the same to break, alter, and renew at 
pleasvn-e, and also to assemble and meet at such times and places as they 
may agree upon, and, by a majority of the voices of those attending, to 
ordain, establish and put in execution, such by-laws, ordinances, and regula- 
tions, as to them shall seem conducive to the interests of their institution, 
and necessary to the good government and orderly management thereof, 
the same not being contrary to the laws of this State, or of the laiited 
States, and generally to do and execute all such acts, matters, and things, 
as to them shall or may appertain to do. 

5. And he it enacted. That the members of said corporation and their 
successors, may meet together on the first Monday of January next, at the 
City of Baltimore, and on the same day annually for ever thereafter, or as 
soon after as may be, and then and there elect the officers of said society, 
and form such rules and regulations, (not contrary to the laws and consti- 
tution of this State, or the United States as aforesaid,) as maybe necessary 
for carrying into effect the benevolent purposes of this act. 



1886— Chapter 467. 

An Act in amen 1 the act of Xoremher S'^ssion 1799, Chapter 44, entitled an act 
to i iicorpoi-ate a .sncieti/ for the maintenance and education of jjoor female 
childrc/i, hi/ the name <f the Benevolent Societij for the city and county of 
Baltimore. 

Whereas., The Associate Rectors of Saint Paul's Parish, in the city and 
county of Baltimore, and their successors and the subscribers and con- 
tributors to the society, incorporated by the act of is'ovember session 
seventeen hundred and ninety-nine, chapter forty-four, were incorporated 
by said act under the name of the Benevolent Society for the city and county 
of Baltimore, for the purposes in said act mentioned ; and 

Whereas, The pecuniary condition of the said corporation so formed is 
such that there is no longer occasion that the said corporation should rely 
upon subscribers and contributors to obtain the means necessary to carr}' 
into eft'ect the purposes of said society; and whereas, the number of said sub- 
scribers and contributors has for this reason become so limited that it is 
necessary and proper to provide other means for the government of said 
society, and for the performance of the duties devolved upon it by said act; 
therefore. 

Sec. 1. Be it enacted hy the General Assemhly of Maryland. That the Yestry 
of Saint Paul's Parish, in Baltimore county, hereinbefore referred to, shall 



LAirS OF MARYLAND ON RELIGIOUS MATTERS. 



have power to appoint upon such day as it may designate in each and every 
year, from among the parishioners of Saint Paul's Parish, eight Trustees. 
Tvho shall, together with the Eector for the time being, of said Parish, 
constitute a Board of Trustees, which whall have and exercise all the powers 
vested in the said The Benevolent Society for the city and county of Balti- 
more, by its original act of incorporation, or by any act amendatory thereof, 
or supplementary thereto, and all the powers vested by law or by the con- 
stitution or by-laws of said corporation in its Board of Trustees: and the 
members of said Board of Trustees, so appointed in any year, shall hold 
their respective offices and perform the duties thereof until their respective 
successors are elected and qualified. 

Sec. 2. And he if ennded, That this act shall take effect from a^id after 
the date of its passage. 



1856 — Chapter 95. 

An Act to mad^e vidid <jii l amend artides of inrurporodion of tlie Boys' School 
of St. Pa'td\<- d^orisli. in Hip cit]i of Baltiinore. incorporoted under the act of 
eifdeen hiotdred and fn-f>/-si:c. chanter thnr hundred nnd tu-enti/-three. entitled 
''An act to aidhorize incorjiorations in ccrtoin cases." 

Whereas. William E. Wyatt. Thomas Swann. Reverdy Johnson. Jr., Wil- 
liam B. Duvall. William E. Travers. Frederick W. Brune. Jr., William B. 
Perine, Edward W. Wyatt. Benjamin M. Hodges. Jr.. Edward W. Blanch- 
ard. and George S. Xorris.have heretofore associated themselves, by virtue 
of the act of the General Assemlily of Maryland, passed at December ses- 
sion, eighteen hundred and forty-six. chapter three hundred and twenty- 
three, entitled " An act to authorize incorporations in certain cases " for 
the purpose of constituting themselves a body politic by the name of The 
Boys" School of St. Paul's Parish, having for its object the education and 
moral improvement of poor and helpless boys : and vda-reas doubts have 
arisen as to the proper execution of the articles of association by which 
they were incorporated, by reason of two of the parties above mentioned 
not having signed the said articles, and also whether the said corporation 
may receive and hold property beyond the amount mentioned in the said 
act of Assembly; and udiereas the full success of the undertaking recjuires 
that it should be authorized to receive and hold a larger amoimt of prop- 
erty than is in said act of Assembly mentioned : therefore. 

Sec. 1. Bp d rnnrt, i inj th.r (dpupynl Asscuddii ^fMoriilnnd. That the articles 
of association of the Boys" School of St. PauVs Parish, in the City of 
Baltimore, notwithstanding any defect or defects in the execution thereof, 
be hereby declared valid to all intents and purposes, so as to constitute the 
said body a duly incorporated association under the laws of this State, by its 
corporate name aforesaid, and that said corporation be hereby declared 
capable of receiving, recovering, holding and enjoying all property, real, 
personal or mixed, which may have been heretofore given, devised or be- 
queathed to it. or which it may hereafter acquire by gift, devise, bequest or 
otherwise: d'cnridrd. That the amount of property so acquired and held 
shall not exceed the sum of fiftv thousand dollars. 



LAWS OF MARYLAND OX RE LLC LOUS MATTERS. 



Sec. 2. And he it enacted, That this act shall take effect from and after 
its passage. 

MISCELLANEOUS. 

1784 — Chapter 78. 

An Act to provide a fund for tJie reli'-f of the Widoics and Children of the 
Clerqy of the Protestant Episcopcd Church in this State. 

Whereas, it hath been represented to this General Assembly, by the 
Reverend William Smith, Doctor in Divinity, the Bevereud AVilliam West, 
John Andrews and Thomas John Clagett, that they are a committee ap- 
pointed by and in behalf of the Clergy of the Protestant Episcopal Chnrch 
in this State, (formerly denominated the Church of England,) to stdicit an 
act of incorporation to enable the Clergy of the said Church to raise and 
manage a fund for providing small annuities for the distressed widows of 
the said Clergy, and for the education of their children ; and this General 
Assembly are earnestly desirous to promote every pious and charitable 
design for the relief and assistance of the widows and fatherless, and espe- 
cially those of the respectable and useful body of Clergy of all denomina- 
tions, who are often obliged, through the uncertainty and scantiness of 
their support in many places, to leave their families in ver\' necessitous 
circumstances ; therefore, 

II. Be if enacted hy the General AsseniMtj of Maryland, That the said Pro- 
testant Episcopal Clergy, namely, William Smith, John Gordon, John 
M'Pherson, William Thompson, Samuel Keene, William West, Walter 
Magowan, John Andrews, Thomas John Clagett, George Goldie, Edward 
Gantt, Francis Lauder, Joseph Messenger, John Bowie, Walter Harrison, 
Thomas Gates, James Wilmer, Hamilton Bell, Erancis Walker, John Stew- 
art, Samuel Tingly, Leonard Cutting, Ralph Higginbothom, Mason Weems 
and Edward Gantt, Jr., and such other clergymen in the orders and commu- 
nion of the said Church as may hereafter become residents of this State, and 
shall be contributors to the said funds of the corporation herein erected, 
and as maybe admitted into the said corporation by a majority of the mem- 
bers thereof for the time being, shall be, and they and their successors are 
hereby declared to be, one community, corporation and body politic for- 
ever, by the name of The Corporation for the Relief of the WidoAvs and 
Children of the Clergy of the Protestant Episcopal Church in Maryland ; 
and by the same name they and their successors shall and may have" per- 
petual succession, and shall and may, at all times hereafter, be persons able 
and capable in law to purchase, take, have and enjoy, to them and their 
successors, in fee, or for any less estate or estates, any lands, tenements, 
rents, annuities, pensions and other hereditaments within this State, by the 
gift, bargain, sale or devise, of an}' person or persons, bodies politic and cor- 
porate, capable to make the same ; and such lands, tenements, rents, annui- 
ties, pensions and other hereditaments, or any less estates, rights or inte- 
rests, of or in the same at their pleasm-e to alien, sell, transfer or lease, 
in such manner as they may judge most conducive for furthering the pious 



92 LAWS OF MARYLAND OX RE LLC IOCS MATTERS. 

design of this cliaritable incorporation, and .according to the natnre of such 
estate as they may have in the same: and also that they, and their sacces- 
sors. may take and receive any sum or sums of money, and any kind, 
manner, or portion of goods and chattels, that may or shall be given, sold 
or bequeathed, unto them, by any person or persons, bodies politic or cor- 
porate, capable to make a gift, sale or bequest thereof, and to employ the 
same either in the immediate payment of annuities to the widows afore- 
said, and other declared purposes of this incorporation, or in providing a 
fimd or capital sufficient to produce an yearly interest, revenue or income, 
for answering the good purposes of the same: provided, that the clear 
yearly value of the said capital, fund, stock and other hereditaments and 
real estate of the said corporation, do not exceed fifteen thousand Spanish 
milled dollars of the present ciu'rent weight, namely, seventeen penny- 
weight and six grains each dollar, above all taxes and assessments. 

III. Aii'i he it enacfrd. That the members of the said corporation, and 
their successors, may meet together on the foiu'th Tuesday in May every 
year, and at such other time or times, and at such place or places within 
this State, and upon such public notice given, as may be fixed and agreed 
upon, for the purpose of forming such rules and regulations as may be neces- 
sary for answering and carrying into etfect the pions ptu'poses of this act, 
IDrovided, such rules and regulations be not repugnant to the constitution 
and laws of thi> State. 

IT. An I he enacted. That the said corporation and their successors, by 
the name aforesaid, shall be forever hereafter able and capable in law to 
sue and be sued, plead and be impleaded, answer and be answered unto, 
defend and be defended in all or any courts of justice, and before all or any 
judges, officers, or other per>on> whatsoever, in all and singular actions, 
matters and demands whatsoever, and that it shall and may be lawful for 
them and their successors for ever hereafter, to have a common seal for their 
use. and in their affiiirs and business, and the same at the will and pleasure 
of them, and their successors, to change, alter, break and make anew, from 
time to time as they shall think best, and shall in general have and exercise 
all such rights, franchises, privileges and immunities as bylaw are incident 
and necessary to corporations of this kind, and which may be necessary to 
the corporation herein and hereby constituted and erected, to enable them 
duly and fully, in the law. to execute all things touching and concerning the 
design and intent of their said incorporation, for the benetit, succour and 
relief of the widows of such clergymen in the orders and commimion of the 
Protestant Episcopal Clmrch aforesaid, as may or shall become contributors 
to the fimds of said corporation, agreeable to such rules and by-laws as may 
be estabhshed for the management and payment of annuities to the said 
widows, and for the education of their chilch-en, and settling them in some 
useful business or profession. 



I 

f 



' LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



93 



188-4— Chapter 131. 

An Act to amend and enlarge the powers granted by the act entitled ^' An act to 
provide a fund for tlie relief of the widows and children of the Clergy of the 
Protestant Episcopal ChurcJt in the State of Jlari/land,'- //assed November ses- 
sion, seventeen hundred and eighty-four, chapter seventy-eight. 

Whereas, in the period of one hundred years, since the passage of the act 
herein referred to, the number of persons to be benefited by the corporation 
thereb}' created lias largely increased, and their needs and necessities have 
multiplied in various forms ; and although the ability of the corporation to 
meet those wants has also increased, it yet requires further enlargement 
and more liberty in the use of its income in order thoroughly to accomplish 
the various charitable purposes that may be subserved thereby ; therefore^ 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the proviso 
in the act entitled " An act to provide a fund for the relief of the widows 
and children of the clergy of the Protestant Episcopal Church in the State 
of Mar3^1and,''' passed November session, seventeen hundred and eighty- 
four, chapter seventy-eight, which limits the clean yearly value of the capi- 
tal fund, stock and other hereditaments and real estate of the corporation 
tlierebj" created to a sum not exceeding fifteen thousand Spanish milled 
dollars of the then cmTent weight of seventeen pennyweight and six grains^ 
each dollar above all taxes and assessments, be and the same is hereby re- 
pealed, and the said corporation is hereby authorized to hold such funds 
and other herediments and real estate as authorized by the act aforesaid, 
provided that the net income arising from the same shall not exceed the 
sum of fifty thousand dollars per annum. 

Sec. 2. Awl be it enacted. That it shall be competent for the said corpora- 
tion to admit new members by the votes of two-thirds of those members 
who may be present at any annual meeting of said corporation. 

Sec. 3. And be it enacted. That the said corporation be and it is hereby au- 
thorized at any annual, by a vote of a majority of the members present at 
that meeting, to distribute any surplus of the preceding year remaining after 
the settlement in full of all expenses and claims upon the said corporation for 
that year to the following objects, in the order named, and in such propor- 
tion as to it may seem best, unless as herein otherwise specified, viz : 

Firstly. The corporation shall always appropriate not less than one- 
fourth of such surplus income as an addition to the invested fund, which 
invested fund, as now existing, and an 3' additions thereto, shall be reserved 
for the purpose of producing income to be used for the purposes of the said 
corporation. 

Secondly. To the pa^^iiieiit of the widows and children of deceased mem- 
bers, as now authorized under the by-laws of the corporation, to receive 
annuities of such sums in addition to their annuities as their respective 
needs and the amount to be distributed may \varrant. 

Sec. 4. And be it enacted. That this act shall take eftect from the day 
when an official certificate of its acceptance by the said corporation shall 
be tiled with the Secretary of the State of Maryland. 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



1821— Chapter 234. 

An Act for the benefit of the Rector of Saint John's Parish., in Harford and 

Baltimore Counties. 

Whereas, it is represented to this General Assembly, by tbe petition of 
certain persons belonging to the Yestries and Congregations of the new St. 
John's and the Eock Spring Churches, within St. John's Parish, of the Pro- 
testant Episcopal Church, in Baltimore and Harford Counties, praying that 
a law may pass, authorizing them to hold a tract or parcel of laud for the 
use and support of their Minister, and the prayer appearing reasonable — 
therefore. 

Sec. 1. Be it enacted by the General Assembly of Maryland. That it shall, 
and may be lawful, for Edward Day, John B. Bayless and William Deni- 
mett. of the new St. John's Church Congregation, and John Moores, Israel 
D. Maulsby and George K. Amos, of the Bock Spring Church Congrega- 
tion, in the Parish aforesaid, in Baltimore and Harford Counties, in trust 
for the use of the officiating Bector of the said Chm-ches for the time being 
and his successors, he and they being of, and conforming to the rules and 
regulations of, the Protestant Episcopal Church, in the State of Maryland, 
to hold any tract or tracts^ or part of tracts of land, that they, by deed of 
bargain and sale, deed of gift, or by devise, may acquire, not exceeding one 
hundred and lifty acres, solely for the support of the Bector of the Parish 
in which the said Churches are situate ; and the said Trustees and their 
successors shall have an estate in fee simple in all such lands not exceeding 
one hundred and fifty acres as aforesaid, as they or tli^ir successors shall 
acquire a legal title to, as aforesaid. 

2. And be it enacted. That the said Trustees shall, from time to time, fill 
up vacancies that may happen in their Board, by death, resignation, or 
otherwise, so as to keep up tlfe number of six, tliree from each Congrega- 
tion ; and the said Trustees shall, in case the Parish ma}* at an}' time be 
without a Bector. take care of all such lands as they may acquire, and shall 
not suffer any waste or trespass to be committed thereon until another 
Bector can be got. 

3. And be it enacted, That the A^estry of the aforesaid Parish, and the 
Bector thereof, shall in all cases, be governed b}' the act, entitled "An Act 
for the establishment of ^"estries for each Parish in this State," passed at 
^s'ovember session, seventeen hundred and ninety-eight. 

4. And be it enacted. That it shall not be lawful for the A^estrymen of the 
new St. .John's and the Bock Spring Churches, within St. John's Parish "of 
the Protestant Episcopal Church, in Harford and Baltimore Counties, to 
choose more than one Minister to ofiiciate in the two said Churches at any 
one time, anything in any law to the contrary notwithstanding. 

1822— Chapter 4. 

An Act to Provide for the Eb'ctinn of (( Vestry to Saint John^s Church, in Queen 
Caroline Varish. in Anne Arundet County. 

Sec. 2. And be it enacted. That after the first election of a A'estry to said 
Church, a new A>stry shall l^e annually, after Easter Monday in the year 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



eighteen hundred and twenty-three, elected therefor, by the free white 
citizens twenty-one years of age, professing themselves members of said 
Church, and holding a pew or half a pew therein ; which said elections 
shall be made at the times, and in the manner that the elections of the 
Yestries of other Protestant Episcopal Churches in this State are made. 

3. And he it enacted. That the Yestry to be elected to the said St. John's 
Church shall have and enjoy every right, power, privilege, and indulgence 
that is given or granted to or enjoyed by other Yestries of the Protestant 
Episcopal Churches within this State. 



HAN^^AH MORE ACADEMY. 

1837— Chapter 189. 

An Act to incorporate the Trustees of the Hannah More Academy^ in Baltimore 

County.* 

Whereas^ Mrs. Ann ]S[eilson, late of Baltimore county, deceased, animated 
by the pure spirit of Christian benevolence, and a desire to promote the 
religious education of poor female children, did, by her last will and testa- 
ment, bearing date the fifteenth day of March, eighteen hundred and thirty- 
two, and recorded in the office of the Register of Wills of Baltimore county, 
devise to Washington Yanbibber and George L. Yanbibber, and the sur- 
vivor of them, and the heirs of such survivor, two lots or parcels of ground 
in the said county, in trust, for the purpose of establishing a female semi- 
nary, to be called, as directed by the codicil to said will, "The Hannah 
More Academy ; " and did also bequeath to the said Washington Yanbib- 
ber the sum of ten thousand dollars, in trust, for the same object ; six 
thousand dollars, part thereof, to be expended in the erection of a suitable 
dwelling and out-houses and other necessary improvements, and the re- 
maining four thousand dollars to be safely invested, and the interest thereof 
to be apiolied to the education of little girls as directed in the said will, and 
for the purpose of more eftectually promoting the interests of the said in- 
stitution, did, by her said will, nominate and appoint the Eev. J. P. K. 
Henshaw, the Rev. John Johns, Clotworthy Birnie, Sr., Roger Birnie, Wash- 
ington Yanbibber, and George L. Yanbibber to be trustees, with full power 
and authority to regulate and superintend the affairs and interests of the said 
Academy, with power to fill any vacancies arising from death, refusal to 
act, resignation, or removal to a distance of any of the said trustees ; also^ 
lohereas, it is represented <i)y the trustees of said Academy that the neces- 
sary buildings have been erected according to the directions of the said tes- 
tatrix, and the said Academy has been for some years in successful opera- 
tion, and that the benevolent designs ot the pious founder will be more 
eftectually secured by granting an act of incorporation : — Therefore, 

Sec. 1. Be it enacted by the General Assembly of 3Ia7'yland^ That the Rev- 
erend J. P. K. Henshaw, D. D., the Rev. John Johns, D. D., the Rev. 
Charles C. Austin, Clotworthy Birnie, Sr., Washington Yanbibber, and 



*Vide Resolutions of Convention relating to Hannah More Academy, p. 51. 



96 



LAJf^S OF MARYLAND ON RELIGIOUS MATTERS. 



Franklin Anderson, the present trustees of the said Academy, and tlieir 
successors to be chosen as hereinafter mentioned, shall be, and are hereby, 
created and declared to be a bod}' politic and corporate, by the name, style^ 
and title of "The Trustees of the Hannah More Academy;" and by the 
same name shall have perpetual succession, and shall be capable in law and 
equity to sue and be sued, plead and be impleaded, in an}' com't of law or 
equity in this State or elsewhere, and to have a common seal, and to per- 
form all such acts, and make such by-laws, rules, and regulations, consistent 
with the laws of this State and the intentions of the said testatrix, as de- 
clared in her said last will and testament, as may appear to be necessary or 
convenient for managing the concerns of the said corporation, and for fully 
exercising and carrying into effect the powers granted by this act. 

Sec. 2. And he it enacted. That in case of a vacancy happening among the 
said trustees by death, refusal to act, resignation or removal to remote situ- 
ations, so as to render it inconvenient to them to attend to the performance 
of the duties of the trust, the same shall be tilled by a majority of the 
remaining trustees, so as to keep up the number of six trustees forever. 

Sec. 3. And be it enacted, That it may be lawful for the said Trustees of 
the Hannah More Academy and their successors, to receive from the said 
Washington Vanbibber and George L. Yanbibber a conveyance and assign- 
ment of the property, real and personal, devised to them, in trust as afore- 
said, and to hold and use the same for the purposes of the said corporation, 
and also receive and hold, for the same purpose, any other estate, in lands, 
tenements, hereditaments, goods, chattels, moneys, or effects that may be 
given, granted, or bequeathed to them by any other person or persons what- 
soever ; provided, the same do not in the whole exceed the yearly value or 
sum of five thousand dollars, and to invest the funds of the said corpora- 
tion, and to change such investments from time to time as they may think 
proper. 

Sec. 4. And be it enacted, That nothing in this act contained shall preju- 
dice the rights of the heirs-at-law of the said Ann Xeilson. 

1874 — Chapteb 15. 

An act siijjjjilementari/ to the act to incorporate the Hannah More Academy of 
Baltimore County, passed at December session 1837, Chapter 189. 

Whereas, by resolution of the Diocesan Convention of the Protestant 
Episcopal Church of the Diocese of Maryland, passed on the twenty-eighth 
of May, 1873, the said Hannah More Academy w%s accepted and received 
as the Diocesan School for Gn'ls ; and whereas the said Convention, deeming 
it expedient that the present number of the Board of Trustees should be 
increased, and that the appointment of such additional Trustees, as well as 
the successors of the Board of Trustees hereafter to be appointed, should be 
made by said Diocesan Convention, did name three additional Trustees, 
the Rt. Rev. William Pinkney, D. D.. Samuel G. Wyman, and William W. 
Corcoran; and irhrrens such resolutions were passed upon the application, 
and with the unanimous consent of the present Board of Trustees of said 
Hannah More Academy : Therefore, 



LAWS OF MARYLAND ON RE LLC 10 US xMATTERS. 



Sp:c. 1. Be if enacted by the General AssempJi/ of Marijland. That the said 
lit. Rev. William Piiikney, D. D., Samuel G. Wvmaii, and William W. 
Corcoran be, and they are hereby, added as Trustees to the present Board 
of Trustees of the Hannah More Academy, and so that on the acceptance 
of this act by the present Board of Trustees it shall thereafter consist of the 
following persons : The Rt. Rev. W. R. Whittingham, D. D. . the Rt. Rev. 
William Pinkney, D. D. ; the Rev. Arthur J. Rich, M. D. ; W. Chew Yan 
Bibber, M. D. ; Thomas E. ^^an Bibber, Hon. Wm. P. Maulsby, William 
S. Keech, Samuel G. AVyman, and William W. Corcoran, who and their 
successors shall thereafter be the body corporate known as •'the Trustees 
of the Hannah More Academy,*' and shall have and exercise all the rights 
and powers conferred on the Trustees named in the act to which this is a 
supplement or enjoyed by the present Board of Trustees. 

Sec. 2. And he it enacted^ That the Bishop of the Protestant Episcopal 
Church in the Diocese of Maryland, and the Assistant Bishop thereof, if 
there be one, shall be ex-officio members of the Board of Trustees of said 
Academ}^ and there shall be, in addition to such Bishop and Assistant 
Bishop, if there be one, seven other Trustees, or if there be no Assistant 
Bishop of said Diocese, eight other Trustees, who, with their successors, 
shall be elected or appointed by the said Convention in such manner as it 
shall prescribe, so as best to perpetuate the succession of the Trustees, to 
further the interests of the Academy and secure the benevolent designs of 
its founder. 

Sec. 3. And le it enacted, That all parts of the act to which this is a 
supplement inconsistent herewith be, and the same are hereby, repealed. 

Sec. 4. And le it enacted. That this act shall take effect as soon as it 
shall be accepted by the present Board of Trustees of the Hannah More 
Academy. 



BALTIMORE CITY PROTESTAXT EPISCOPAL MISSIOXARY 

COMMITTEE. 

Articles of Association, May 10, 1859. 

Whereas, by an act of the General Assembly of Maryland, passed at De- 
cember Session 1846, Chapter 323, it is, among other things, enacted, that 
power and authority is thereby granted to any individuals, other than free 
negroes and mulattoes, in any city or county of this State, under any name 
by them assumed, to associate for the purposes therein mentioned, and 
a^^iong others for charitable and religious purposes, and being so associated 
shall, on complying with the provisions of that act be considered a body 
politic and corporate: 

And ivhereas, among the provisions of that act, it is enacted that, in order 
that any association may have the benefit thereof, Articles of Association 
shall be entered into and signed by the members originating the same, and 
recorded; 

And ichereas, also the City Committee of Missions in Baltimore, con- 
nected with the Protestant Episcopal Church, was instituted for charitable 
7 



98 



LAJVS OF MARYLAND OX RELIGIOUS MATTERS. 



and religious purposes; and it is desirable that it should have the power of 
holding real estate and doing corporate acts: 

Xow know all men by these presents, that we. the undersigned, free 
white citizens of the State of Maryland, and members of the said Com- 
mittee, have associated and do hereby associate for the religious and 
chaTitable purpose of purchasing, building, holding and maintaining free 
churches and mission school-houses, to be used for worship and instruction 
according to the doctrine, discipline and worship of the Protestant Episco- 
pal Church in the I'nited States of America, and for that purpose have 
entered into and signed these Articles of Association. 

Article I. The name of the Association, which is hereby assumed, shall be 
the Baltimore City Peotestaxt Episcopal Missionary Committee. 

Article II. The object of the Association shall be the purchasing, building, 
holding and maintaining free churches and mission schoolhouses, and hold- 
ing lands, whereon they are or may be erected, in connection with the Pro- 
testant Episcopal Church aforesaid, in the City of Baltimore. 

Article III. The Association shall contine itself strictly to the objects 
hereinbefore set forth, and shall, "on no account, engage in any operations 
for the accumulation of capital, with a view to profits and dividends for 
gain. 

Article IV. Every person Avho is, or hereafter may be, a member of the 
Committee of Missions referred to in the preamble, or of any organization 
which the Convention of the Protestant Episcopal Church in the Diocese 
of Maryland, or in any other Diocese within the limits of which the City of 
Baltimore may be included, may substitute for that Committee, shall, dur- 
ing his membership of such Committee or organization, be a member of the 
Association. 

Article V. The affairs of this Association shall be conducted by five Trus- 
tees to be chosen by the members thereof, at such times and in such man- 
ner as the Association may from time to time appoint. 



1860— Chapter 209. 

An act entitled an ad for the henefit of tJie Baltimore Clti/ Protestant Episcopal 

Mission a ry Comm ittee. 

Whereas, the Baltimore City Protestant Episcopal Missionary Committee 
have associated for the religious and charitable purpose of purchasing, build- 
ing, holding and maintaining free churches and mission school-houses, to 
be used for worship and instruction according to the doctrine, discipline afld 
worship of the Protestant Episcopal Church in thernited States of America, 
and have become incorporated under the provisions of an act of the General 
Assembly of this State, passed at December session in the year eighteen 
hundred and forty-six, chapter three hundred and twenty-three; and Avhereas, 
the provisions of that act limit the value of the property which may be held 
by associations incorporated under the same to an amount too small to 
answer the purpose of said corporation, 



LAirS OF MARYLAND ON RELIGIOUS MATTERS. 



Sec. 1. Be it enacted by the General Assembly of Maryland., That it shall be 
lawful for the Baltimore City Protestant Episcopal Missionary Committee, 
to acquire and hold property, whether real, personal or mixed, to the yalue 
of one hundred thousand dollars. 

Sec. 2. And be it enacted. That this act shall take eflect from and after 
its passage. 



REPEALED ACTS. 

Note. — The three following acts and the following extracts from the Code of i860 on the 
subject of corporations are repealed by the Act of 1868, chap. 471, [art. 23 of Code of 1888,] 
but the\^ are reprinted here because they are the foundation of the incorporation of our 
separate Congregations, and of some of our benevolent institutions. The rights and 
privileges of these Churches and institutions are saved by the third section of the first 
Article of the Code, notwithstanding the repeal of the acts tinder which they were acquired. 

1802— Chapter 111. 

-All act to incorporate certain jjerson.-^ in every Christian Church or Congrega- 
tion in this State. 

Whereas., petitions from many religious societies haye annually been pre- 
ferred to this Legislature, and many are now before them, praying acts of 
incorporation, and it is reasonable and proper that all denominations of 
Christians wi-thin this State, whose members conduct themselyes in a peace- 
able and orderly manner, should receiye and enjoy equal rights and priyi- 
leges, without partiality. .preference, or distinction, in all things concerning 
the temporalities and goyernment of their chm'ches, congregations and 
societies : And ivhereas also, it is necessary to their welfare that they should 
he empowered to hold and acquire certain portions of property in a corpo- 
rate or congregational capacity, and enter into yarious engagements of a 
ciyil or temporal nature, which can only be done by assistance of the Gene- 
ral Assembly, which assistance may neyertheless be rightfully granted 
without disturbing priyate opinions, or aftecting the rights of judgment in 
matters of religion, or imposing an inyoluntary burthen on any person 
whatsoever : And ichereas it is most conyenient to make provisions for their 
respectiye situations b3' a general law which shall reach their several exi- 
gencies in afiairs of a temporal or ciyil nature, as far as a difference of cir- 
cumstances will admit : the General Assembly haying therefore taken the 
premises into serious consideration, and conceiying themselyes indispensa- 
bly bound to secure and preserve the same quality of rights, privileges and 
advantages to all quiet and inofteusive Christian societies in this State, 
without any exception, whereby religion may be encouraged and difiused, 
and peace, order and universal tranquility prevail, have agreed to enact, 

II. And be it enacted.,"^ That in every Christian church, or society or con- 
gregation, of whatsoever sect, order or denomination, now known, or which 
shall at any time hereafter be known and acknowledged in this State, and 
protected in the free and full exercise of their religion by the constitution 
and laws of the same, there shall be and remain sufficient power and 
authority in all the male persons above twenty-one years of age belonging 
to any such church, society or congregation, to elect, at their discretion, 
certain sober and discreet persons, not less than tive nor more than thirteen, 
which persons, so elected, shall be and are hereby, constituted a body politic 
or corporate, upon being registered as hereinafter directed, to act as trustees, 
in the name and behalf of the particular church, society, or congregation, 
for which they are respectively chosen, and to manage the estate, property, 



*Vide act to confirm this Act, November Session, 1809, ch. 13Q. 



lOO 



LAWS OF MARYLAND ON RELIGIOUS MATTERS. 



interest and inheritance of the same, in the most upright and careful man- 
ner, and shall, moreover have perpetual succession in law, fact and name, 
as herein after prescribed, and shall, by their name of incorporation, have 
full power and lawful authority to sue and to be sued, to implead and to be 
impleaded, to answer and to be answered unto, in any court or courts of law 
or equity within this State, before any judge or judges, justice or justices, 
in all manner of suits and pleas whatever, and of what nature or kind 
soever such suits, pleas, or actions may be, in as full and effectual a manner 
as any other person or persons, bodies politic or corporate, may or can do. 

III. And he it enacted., That every such body politic shall be chosen, and 
the succession kept up at such times and places as are ordinarily used for 
public meetings of the said church, society, or congregation, and by such 
persons as are allowed to have a voice in the management and direction of 
congregational or temporal concerns, according to the known custom and 
usage of their respective denominations ; or the said body politic or corpo- 
rate shall be chosen, and the succession kept up according to the rules, 
regulations, and practice, that may have been heretofore adopted and used, 
or that shall be at the first time of electing adopted and agreed upon, by 
any particular church, society, or congregation, for ordering, directing, or 
managing, their congregational or temporal concerns ; provided always, 
that every trustee or member of any corporation aforesaid shall be of the 
same religious sect or denomination with, the church, society, or congrega- 
tion, by which he is chosen to this trust; and provided also, that the Minis- 
ter for the time being, or senior Minister, where there are more than one 
settled in any church, society, or congregation, shall always, in virtue of 
his ministry, be a member of the body politic or corporate belonging to the 
same, exclusive of the number heretofore prescribed. 

IV. And be it enacted^ That in case any debate shall arise in any church, 
society, or congregation, about the right of voting, or whether the election 
aforesaid hath been fairly conducted, agreeably to the true intent and mean- 
ing of this act, the parties contending shall each of them choose one discreet 
and reputable person from amongst the members or trustees of some neigh- 
boring church, society, or congregation, of the same religious persuasion, 
if any such there be, and if none such, then of any other Christian society, 
which two persons shall choose a third, qualified in like manner, and the 
said three persons shall meet at the place where the difference has arisen, 
and hear and determine upon the matter, and their judgment or award, or 
the judgment or award of a majority of them, certified under their hands 
and seals to the contending parties, shall be final. 

V. And he it enacted., That at the first election or appointment of every 
bod}' politic or corporate aforesaid, every church, society, or congregation 
assembled as alread}' directed, shall determine and fix on their plan, agree- 
ment, or regulation, mentioning and specif^dng distinctl}' the time and man- 
ner of electing trustees, and the manner in which the succession shall be 
perpetuated, and containing an exact description of the qualifications of the 
persons severally electing and elected, and to elect and to be elected there- 
after, and also the name, style, or title of the corporation, by which it shall 
be thereafter called, distinguished, and known, and the name of the church, 
society, or congregation choosing the same, which said plan, agreement, or 
regulation, shall be entered in the book hereinafter directed to be kept by 
every the said body politic or corporate, and the same shall be acknowledged 
by the said trustees or a majority of them, before, and certified by, any two 
justices of the peace for the county in which the said church, society, or 
congregation, or the greatest number of them shall reside, or the same shall 
be acknowledged before, and ceutified by. one of the Judges of the General 
Court, after being well assured by the said trustees, or a majority of them, 
that the proceedings have been legally and duly conducted ; and the said 
jjlan or agreement so acknowledged and certified, shall be filed by the said 



LAJVS OF MARYLAND ON RELIGIOUS MATTERS. 



lOI 



trustees with the clerk of the County Court where the said church, society, 
or cougregaiion, or the greater part of them shall reside, within six months 
after such acknowledgment shall be made, and the same shall he recorded 
in a book to be provided for these special purposes, at the expense of the 
several corporations in that county whose proceedings shall be so recorded, 
and a copy of the said proceedings from the records thereof, under the hand 
of the clerk and the public seal of his office, shall be of the same force and 
eftect, in every court of law and equity within this State as the original 
proceedings vt^ould be if the same were produced in Court ; and if any future 
change or alteration shall be made in the original plan by authority of the 
congregation as aforesaid, such change or alteration shall in the same man- 
ner be made known and recorded ; and the said clerk shall be entitled to 
such fees for his services as are allowed by law for services of the like 
nature in matters belonging to his office. 

YI. And he it eaacted., That every corporation or body politic aforesaid 
respectively, and their successors, or the majority of them, by their name 
of incorporation aforesaid, shall have full power and authority to hold and 
use one common seal, to appoint the times and places of their meetings, 
and the number necessary to constitute a quorum, and shall moreover provide 
and keep a good and sufficient record book, and cause to be therein registered 
a fair account of all the proceedings; subject at all times to the inspection 
of the several members of the church, society, or congregation, in whose 
behalf the same are respectively entered, and the same shall be laid before 
a public meeting, when thereunto required by any five or more of the same; 
and the said trustees, or a majority of them, shall have full power and au- 
thority to frame such rules and ordinances for conducting their concerns as 
may be necessary and convenient for accomplishing the end of their institu- 
tion ; provided always, that nothing therein contained shall be repugnant 
to, but perfectly consistent with, the constitution and laws of this State. 

YII. And he it enacted., That all and every of the said corporations or 
trustees and their successors, by their respective names or titles, shall be 
vested with an estate in fee-simple in any land or parcel of ground not 
exceeding two acres, and also in every chapel, meeting-house, or other 
house of worship belonging to or in the use of the particular church, society, 
or congregation for which they are respectively chosen as a body politic or 
corporate; and shall also, by their respective names or titles, have absolute! 
property in all books, plate, or other ornaments, and all goods and chattels 
iDelonging to the said church, society or congregation, whether the same have 
been given, granted, or devised directly to the said church, society or congre- 
gation, or to any person in trust for them ; provided, that the person or per- 
sons holding lands or goods and chattels in trust for any particular church 
or society as aforesaid shall voluntarily make over by indenture proper for 
that purpose to the trustees or body corporate of such particular church or 
society such lands or chattels for the use and benefit of such church, societ}'' 
or congregation. 

YIII. And he it enacted., That all and every the said corporation or trus- 
tees established or to be established in virtue of this act, and their succes- 
sors, shall be capable in law to purchase and hold in fee-simple, a quantity 
of land, not exceeding two acres for the use of any one church, society or 
congregation, by gift or grant of any person or persons or bodies politic, 
capable in law to make the same, provided such gift or grant be made by 
indenture, duly executed and recorded agreeably to law, and in no other 
manner whatever; and also that every the said body corporate, and their 
successors, or a majority of them, severally, by their respective names, 
may take and receive any sum or sums of money, any kind, manner, or 
portion, of goodt and chattels that shall be sold or given to them as afore- 
said by any person or persons, bodies politic or corporate, capable in law 
to make a gift or sale thereof, and employ the same for the benefit and use 



I02 LAWS OF MARYLAA'D OK RELIGIOUS MATTERS. 

of tlie particular church, ^ociet}' or congregation whereunto they respec- 
tive!}- belong as a body politic or corporate; provided, that all and every 
gift, grant, i3argain, sale, or deed of transfer, made by any person or per- 
sons, and not intended to take effect and vest in any religious body or cor- 
poration during the life of .the giver, grantor or seller, but to become their 
right and property after his, her, or their decease, shall be utterly null, 
void, and of no effect ; and provided also, that the clear yearly value of the 
estates, rents, annuities, or other hereditaments of any church, society or 
congregation thus incorporated shall not amount to more than the clear 
yearly value of two thousand dollars, and all gifts, grants, sales and trans- 
fers to any the said corporations, or their successors, after the clear yearly 
value of their estate shall amount to two thousand dollars, and all bargains 
and purchases to be made by an}' of them Avhich may increase the yearly 
value of the said estates above and beyond the standard here fixed, shall be 
utterl}' null, void, and of no effect. 

IX. And he if enacted^ That the limitations in point of annual value afore- 
said, shall not be understood to affect the estate, property, interest, or in- 
heritance, or the income arising therefrom, which an}* Christian church, 
congregation, or society, may be in possession of at the time of passing- 
this act. 

X. And whereas^ it is necessary for the greater eftect of the preaching 
of the Gospel, that men should be permitted to employ, and sit under the 
teachings of, those whom they find or esteem most capable of instructing 
them, and enforcing the precepts of religious truth, in whose character and" 
faithfulness they have most confidence : therefore, Be it enacted. That where 
any number of persons, belonging to any church or congregation sufficient 
to build a church or house of worship, and to maintain a minister, shall 
choose to separate from the church or congregation of which the}- have 
hitherto been a part, and to erect a house of worship, and to employ a 
minister for themselves, it shall be lawful for them so to do, and they shall, 
by their respective name or style, be entitled to all the benefits of this act 
as aforesaid, any thing in the act for the establishment of vestries for each 
parish in this State to the contrary notwithstanding, provided only, that all 
arrears, debts, and engagements contracted, due, or becoming due, while 
members of the former society, shall be punctually and faithfully dis- 
charged. 

XI. And be it enacted^ That so much of the act for the establishment of 
vestries for each parish in this State as confers the powers of civil officers 
of the peace upon churchwardens, be. and the same are hereby, declared 
null and void. 

XII. And be it enacted. That this act shall not repeal any part of the act 
for the establishment of vestries for each parish in this State, except so 
far as the same is inconsistent with the tenth and eleventh sections of this 
act. 

XIII. And be it enacted, That nothing herein contained shall be construed, 
adjudged or taken, to abridge or aftect the rights of conscience or private 
judgment, or in the least to alter or change the religious constitution or 
government of any church, congregation or society, so far as respects, or- 
in any wise concerns, doctrine, discipline or worship. 



1815— Chapter 222. 

A supjtJement to tlie Ad rnliflcd an ^ict to incorjjordfc < ri fain persons in every 
Christ {((n Chirrcli or Congregation in this State. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That every 
Christian church, or society, or congregation, that is now, or shall here- 
after be, incorporated in virtue of the act entitled an act to incorporate 



LAirs OF MAR \ LAND ON RE LIG IOC'S MATTERS. 



certain persons in every Christian church or congregation in this State, 
passed at November session, eighteen hundred and two, to which this is a 
a supplement, and their successors, shall and may have perpetual succes- 
sion, and sliall and may at all times hereafter be persons able and capable 
in law to purchase, take, and hold to them and their successors, in fee, or 
for any less estate or estates, any lands, tenements, hereditaments, rents, 
or annuities within this State, by the gift, bargain, sale, or devise of any 
person or persons, bodies politic and corporate, capable of making the same, 
and such lands, tenements, or hereditaments, to rent or lease in such a 
manner as they may judge most conducive to the interest of their respec- 
tiye churches, societies, and congregations, and also to take and receive 
any sum or sums of money, and any kind of goods and chattels which may 
or shall be "iven, sold, or bequeathed unto them by any person or persons, 
bodies politic or corporate, capable to make a gift, sale, or bequest thereof, 
and to apply the same for the use of their respective churches, societies, or 
congregation, as effectually as the same could be applied by the Vestry of 
the Protestant Episcopal Church of this State, to their respective Parishes, 
in virtue of the act passed at jS'ovember session, seventeen hundred and 
ninety-eight, chgipter twenty-four : Provided., That the clear yearly value of 
the estate of any church, society, or congregation, (exclusive of the rents 
of pews, collections in churches, funeral charges, and the like,) shall not 
exceed the clear yearly value allowed to any Vestry of the Protestant Epis- 
copal Church of this State, in virtue of the act of seventeen hundred and 
ninety-eight, chapter twenty-four, aforesaid. 

2. And he it enarfed, That so much of the original act to Avhich this is a 
supplement, as is repugnant to, or inconsistent with this act, be, and the 
same is hereby, repealed. 



1846— Chapter 323. 

An Act to authorize Incorporation '< in certain cases. 

Sec. 1. Be it enacted bi/ the General Assembly of M(iri/lcind, That from and 
after the passage of this act, the power and authority is hereby granted to 
any individuals, other than free negroes and mulattoes, in any city or 
count}' in this State, under any name by them assumed, to associate for 
the purpose of establishing 13'ceums, libraries, masonic or other lodges, fire 
companies, associations for literary, dramatic, moral, social, charitable, 
and religious purposes, or connected with the promotion of arts and sciences; 
and being so associated, shall, on complying with the provisions of this 
act, be considered a body politic and corporate; may choose a president 
and other officers ; may enact by-laws for the regulation of the affairs of 
such corporation not inconsistent with the laws of this State, and compel 
due observance thereof by suitable penalties ; may sue and be sued, answer 
and be answered, in any court of Jaw or equity, and do all acts necessary 
and proper for the well ordering of the affairs of such corporation ; provided 
however, that before any such association shall be entitled to the privi- 
leges of this act, they shall lodge with the clerk of the county wherein such 
corporation is designed to act, a copy of their articles of association, signed 
by the members originating the same, to be by him recorded ; provided 
also, that this act may at any time be altered and repealed by the General 
Assembly. 

Sec. 2. And be it enacted., That the privileges of this act shall not be ex- 
tended to joint stock companies formed for the purpose of banking, trading, 
mining, manufacturing, or to associations intended for the accumulation of 
capital, with a view to profits and dividends foi' gains ; which shall remain, 
as heretofore, subject to the special action of the Legislature. 



ZAIl'S OF MARYLAND OK RELIGIOUS MATTERS. 



Sec. 3. And he if enacted. That the property, real or personah or capital 
stock of every such corporation contemplated hy this act. shall in no case 
exceed the sum of ten thousand dollars : and it shall not he lawful for the 
>aid corporation to direct its operations or appropriate its funds to any other 
than the purpose distinctly and definitely expressed in the articles of asso- 
ciation, and no increase of the capital, or fimds of any such corporation, 
beyond said sum shall be lawful, but by application to and consent of the 
Lesislature : otherwise, such increase shall operate as a dissolution of said 
crpcnuion as to all the privileges here granted. 

ARTICLE XXVI. CODE OF 1860. 

CORPOEATIOXS. 

***** **** 

10. When any seven or more free white persons, citizens of the United 
States, and a majority of them citizens of this State, are associated, or mean 
to associate, for any moral, scientific, literary, dramatic, agriculttu'al or 
charitable purp.ose. or for the purpose of forming any imiform voltmteer 
company, fire engine or hose company, or beneficial, benevolent or musical 
society or assiK'iation. they mav be incorporated, as herein provided. 

11. The persons claiming to l^e incorporated under the preceding section, 
shall execitte under their hands and seals, or tmder the hands and seals of 
at least seven of said association, an instrument of writing, specifying 
therein the objects, articles, conditions and name and style under which 
they have associated, and shall present the same to the jitdge of the Circuit 
Court for the County, or the judge of the Superior Court of Baltimore City, 
as the case may he. in which said corporation is intended to be situated, 
or its principal business transacted, and the said instrument of writing 
shall be acknowledged before and certified by said jitdge in the same man- 
ner as conveyances of real estate, and the judge shall further direct said 
instrument of writing to be recorded in the oftice for recording of deeds in 
said county or city, and the same shall be recorded in a book to be provided 
for this special purpose. 

12. On said instrument being so recorded, the persons so associated 
shall, according to the objects, articles, conditions and provisions in 
said instrinnent contauied. become and be a corporation or body politic 
in law and in fact by the name, style and title set forth in the said instru- 
ment. 

13. The name of every corporation formed imder the preceding sections, 
shall include within it the name of the county or city in which it may be 
formed, and shall difier in a sutficient degree to be clearly distingiushable 
from the name of any previously formed and then existing corporation in 
the same county or city. 

14. Every corporation established by virtue of the preceding sections, 
shall be capable in law according to the terms and conditions of the instru- 
ment upon which it is formed, to take. recei\ e and hold any kind of proper- 
ty, real, personal and mixed, and the same to employ, use and dispose of 
according" to the articles, objects and conditions of its charter, or according 
to its articles and liy-laAvs. or in case o^ a devise or bequest, according to 
the will and instructions of the donor, if the same be lawful and within the 
proper objects and powers of said corporation. 

15. Xo corporation formed under the provisions of the foregoing sectious„ 
shall hold or possess at any one time property to an amount or value ex- 
ceeding the sum of fifty thousand dollars: nor shall the clear yearly value 
or income of the whole amount of property held by such corporation at any 
time exceed the sum of four thousand dollars. 



LAirs OF MARYLAXD ON RELIGIOUS MATTERS. 



16. If any alteration or amendment of the articles or provisions of the 
said charter shall he made hv the authority of the corporation, such alteration 
or amendment shall be made known, acknowledged and recorded in the 
same manner as xn'escrihed in the eleventh section of this article, and 
after the said alteration or amendment shall be recorded, the same shall be 
taken to be a part of the said charter or instrument, as if the same had 
originally made a part thereof. 

17. Xo corporation formed under the provisions of this article shall be 
authorized to exercise banking privileges, or to issue any note, token, device, 
scrip or other evidence of debt, to be used as a currency. 

18. The usual fees for equal or similar services shall be received by the 
respective clerks under this article, and all the expenses of procuring the 
charters of incorporation and recording the same shall Idc borne by the par- 
ties respectively applying therefor ; and after the instruments of writing or 
articles of association or any amendments thereof shall have been recorded, 
they shall be duly certified to be recorded, and a copy oi' the record shall be 
at air times as good evidence as the original. 

Eeligious Coepokations. 

88. In every Christian church, society or congregation, of whatever sect, 
order or denomination now known, or which shall at any time hereafter be 
known or acknowledged in this State, and protected in the free and full 
exercise of theii- religion by the Constitution and laws thereof, there shall 
lie suthcient power and authority in all the male persons above twenty-one 
years of age belonuing to any such chuich, society or congregation, to elect 
at their discretion, certain sober and discreet persons, not less than five 
nor more than thirteen, which persons so elected, upon being registered as 
hereinafter directed, shall be constituted a body politic or corporate, to act 
as trustees in the name and behalf of the particular church, society or con- 
gregation for which they are respectively chosen, and to manage the estate, 
property, interest and inheritance of the same. 

89. The trustees so elected sliall have perpetual succession by their 
name of incorporation, and shall l)e capable in law to purchase, take and 
hold, to them and their successors, in fee or for a less estate, any lands, 
tenements or hereditaments, rents or annuities, goods or chattels within 
this State, by the gift, bargain, sale or devise of ariy person, body politic or 
corporate, capable of making the same, and to use or lease, mortgage or 
sell, and convey the same in such manner as they may judge most condu- 
cive to the interest of their respective churches, societies or corporations; 
Proriderl, that nothing herein shall authorize any sale, mortgage or other 
disposition of any property held by such corporation under any instrument 
prohibiting >;uch sale, and provided the clear yearly value of the estate of 
any church, society or congregation, (exclusive of the rents of pews, col- 
lections in churches, funeral charges, and the like,) shall not exceed the 
clear yearly value of two thousand dollars. 

90. Every such body politic shall be chosen, and the succession kept 
tip. at such times and places as are ordinarily used for public meetings of 
the said church, society or congregation, and by such persons as are allowed 
to have a voice in the management and direction of congregr^tional or tem- 
poral concerns, according to the known custom and usage of their respec- 
tive denominations; or. the said body politic or corporate shall be chosen, 
and the succession kept up, according to the rules, regulations and practice 
that may have been heretofore adopted and agreed upon, or that shall be 
at the first time of electing agreed upon ancl adox)ted by any particular 
church, society or congregation, for directing or managing their congrega- 
tional or temporal affairs. 



lo6 LAirS OF MARYLAND ON RELIGIOUS MATTERS. 



91. Every trustee or member of any corporation aforesaid shall be of 
the same religious sect or denomination Avith the church, society or cor- 
poration by which he is chosen. 

92. The minister for the time being, or senior minister, whei-e there 
are more than one settled in any church, society or congregation, shall 
always, in virtue of his ministry, be a member of the body politic or cor- 
porate belonging to the same, exclusive of the numbe/ heretofore pre- 
scribed. 

93. If any contest shall arise in any church, society or congregation, 
about the right of voting, or whether the election has been fairh'^conductecl 
agreeably to the true intent and meaning of this article, the parties con- 
tending shall each of them choose one discreet and reputable person from 
amongst the members or trustees of some neighboring congregation or 
society of the same religious persuasion, if any such there be, and if none 
such, then of an}" other Christian society, which two persons shall choose 
a third, qualified in like manner, and the said three persons shall meet at 
the place where the difference has' arisen, and hear and determine upon the 
matter, and their judgment or award, or the judgment or award of a 
majority of them, certified under their hands and seals, to the contending 
parties, shall be final. 

94. At the first election or appointment of every body politic or 
corporate aforesaid, every church, society or corporation assembled as 
alread}- directed, shall determine on their plan, agreement or regulation,, 
specifying distinctly the time and manner of electing trustees, and the 
manner in which the succession shall be perpetuated, and containing an 
exact description of the qualifications of the persons severally electing and 
elected, and to elect and to be elected thereafter, and also the name, style 
or title of the corporation by which it shall thereafter be known, and the 
name of the church, society or congregation choosing the same. 

95. The said plan, agreement, or regulation shall be entered in the 
book hereinafter directed to be kept by every such corporation, and the 
same shall be acknowledged by the trustees or a majority of them before 
and certified by two justices of the peace of the county in which the said 
church, congregation, or society, or the greatest number of them shall re- 
side, or the same may be acknowledged before and certified by a judge of 
the circuit court, after being well assured by the said trustees, or a majority 
of them, that their proceedings have been legally and duh^ conducted. 

96. The plan or agreement so acknowledged and certified shall be filed 
by the said trustees with the clerk of the circuit court of the county 
where the said church, society, or congregation, or the greater part of 
them, reside, or the clerk of the superior com't of Baltimore city, if they, 
or the greater part of them, reside in the city of Baltimore, within six 
months after such acknowledgment shall be made, and the same shall be 
recorded, at the expense of the corporation, in a book to be kept for that 
especial purpose. 

97. If any change shall be made in the original plan by authority of the 
congregation, such change shall in the same manner be made known 
and recorded. 

98. Every such corporation or body politic, their successors, or a majority 
of them, may appoint the times and places of their meeting, and the 
number necessary to constitute a quorum, and shall provide and keep 
a good and sufiicient record l:)Ook. and cause to be therein registered all 
their proceedings, subject at all times to the inspection of the several mem- 
bers of the church, society, or congregation ; and the same shall be laid 
before a public meeting when required by any five or more of the same; 
and the said trustees, or a majority. of them, shall have full power to frame 
such rules and ordinances for conducting their concerns as may be necessary 
and convenient for accomplishing the end of their histitution. 



LAJrs OF MARYLAND ON RELIGIOUS MATTERS. 107 

99. When any number of persons belonging to any churcli or con- 
gregation, suflicient to build a church or house of worship and to maintain 
a minister, shall choose to separate from the church or congregation of 
which they have hitherto been a part, and to erect a house of worship and 
employ a minister for themselves, it shall be lawful for them to do so; and 
they shall, by their respective name and style, be entitled to all the bene- 
fits of this article relating to their incorporation : Provided only., That all 
arrearages, debts, and engagements contracted, due, or becoming due^ 
while members of the former society, shall be punctually and faithfully dis- 
charged. 

100. The person or persons holding lands or goods and chattels in trust 
for any particular church or society, shall convey the same to the cor- 
poration of such particular church or society as soon as the same shall be 
formed under this article. 

101. Nothing in this article shall prevent the Protestant Episcopal 
Church from incorporating vestries in the several parishes, according to the 
usages of the said Church. 



CODE OF MARYLAND OF 1888, 
PUBLIC GENERAL LAWS. 



AKTICLE XVI. CHANCERY. 

> Divorces. 

Sec. 36. Upon the hearing of any bill for a divorce, the court may decree 
(\\\ovQ,Q a vincido matrimonii iov the following causes, to wit: Eirst, the 
impotence of either party at the time of the marriage; secondly, for any 
cause which by the laws of this State render a marriage null and void ah 
initio; thirdl}', for adultery; fourthl}', when the court shall be satisfied by 
competent testimony that the party complained against has abandoned the 
party complaining, and that such abandonment has continued uninter- 
ruptedly for at least three years and is deliberate and final and the separa- 
tion of the parties beyond any reasonable expectation of reconciliation; 
fifthly, when the woman before marriage has been guilty of illicit carnal 
intercourse with another man, the same being unknown to the husband at 
the time of the marriage, and when such carnal connection shall be proved 
to the satisfaction of the court. 



ARTICLE XXIII. CORPORATIONS. 

Sec. 14. Corporations may be formed in this State under the provisions 
hereinafter set forth, by any five or more persons, citizens of the United 
States and a majority of them citizens of this State, or, if unnaturalized, 
residents of this State, making oath that they bona Jide intend to become 
citizens of the United States without unreasonable delay, Avho may desire to 
form a bod}- corporate or politic for an 3^ of the following purposes : 



icS 



LAWS OF MARYLAND ON RELIGLOUS MATTERS. 



Class 1. For the creation and maintenance of educational, moral, scien- 
tific, literary, dramatic, musical, social, benevolent, or beneficial societies 
or associations of all descriptions; of religious or charitable societies or asso- 
ciations, tire engines and hose companies, and of uniformed volunteer com- 
panies, of universities, colleges, academies, hospitals or asylums: Provided 
such corporations are located in this State, and that the property which they 
IDOSsess or acquire is located therein. 

Sfa'. 42. Any five or more persons, citizens of the United States and a 
majority of them citizens of this State, who may desire to form a corpora- 
tion for any of the purposes hereinbefore referred to, shall make, sign, seal 
and acknowledge before some officer competent to take the acknowledg- 
ment of deeds a certificate in writing, in which shall be stated; 1. The 
names in full and place of residence of the applicants; 2. The proposed cor- 
porate name of the corporation, which shall always include the name of 
the county or city in which it may be formed; 3. The objects or purposes 
for which incorporation is sought, the time of its existence, not to exceed 
forty years, and the articles, conditions, and provisions under which the in- 
corporation is formed; * * * 4, The place or places where the opera- 
tions of the corporation are to be carried on, and the place in this State in 
which the principal office of the corporation will be located; 5. The amount 
of capital stock (if any) of the corporation; 6. The number of shares of 
stock, (if any,) and the amount of each share; 7. The number of trustees, 
directors, or managers and their names, who shall manage the concerns of 
the corporation for the first year. 

Sec. 43. When said certificate is executed it shall be the duty of the 
persons executing the same to submit it to one of the judges of the judicial 
circuit within which the principal or any other oftice of said corporation is, 
under said certificate, to be located, if it shall be located in one of the 
counties in this State, or to one of the judges of the supreme bench of Bal- 
timore cit}-, if the principal office of said corporation shall be located in 
Baltimore city, in order that the said judge may determine whether the said 
certificate is in conformity with the law ; and such determination, when 
certified by the said judge as required by the next succeeding section, shall 
be conclusive evidence that such certificate does conform to the law. 

Sec. 44. If the said judge shall so determine he shall certify his said deter- 
mination upon the said certificate, which shall thereupon be recorded in the 
office of the clerk of the circuit court for the county in which the principal 
office of said corporation shall by the terms of said certificate, be located, if 
it shall be located in one of the counties of this State, or in the office of the 
clerk of the superior court of Baltimore city if the principal office of said 
corporation shall be located therein ; and the said certificate shall be re- 
corded in a book provided for that special purpose. 

Sec. 45. When the said certificate shall have been recorded the persons 
who have signed and acknowledged the same and their successors shall, ac- 
cording to the objects, pm-poses, articles, conditions, and provisions in said 
instrument contained, become and be a body politic and corporate, in fact 
and in law. by the name stated in such certificate. 



• 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 109 

Sec. 46. A copy of such certificate, or of any amendments thereto, or of 
any paper relating to corporations, which is required by law to be recorded, 
when certified to be a true copy by the clerk of the court in whose office the 
same is recorded, under the seal of his office, shall be evidence in all legal 
proceedings, and in all the courts of this State. 

Sec. 205. In every church, religious society or congregation, of whatever 
sect, order or denomination, or which shall at any time hereafter be known 
or acknowledged in the State, and protected in the free and full exercise of 
its religion by the constitution and laws thereof, there shall be sufficient 
power and authority in all persons above twenty-one years of age, belong- 
ing to any such church, society or congregation, to elect, at their discretion, 
certain sober and discreet persons, not less than four nor more than twelve^ 
which persons so elected, upon being registered as hereinafter directed, 
shall be constituted a body politic or corporate to act as trustees in the 
name and behalf of the particular church, society or congregation for which 
they are respectively chosen, and to manage the estate, property, interest 
and inheritance of the same. 

Sec. 206. The trustees so elected shall have perpetual succession by their 
name of incorporation, and shall be capable in law to purchase, take and 
hold to them and their successors in fee, or for a less estate, any lands, 
tenements or hereditaments, rents or annuities, goods or chattels within 
this State, by the gift, bargain, sale, or devise of any person, body politic 
or corporate, capable of making the same, and to use or lease, mortgage or 
sell and convey the same in such manner as they may judge most conducive 
to the interest of their respective churches, societies, or congregations; Vro- 
vided^ that nothing herein shall authorize any sale, mortgage or other dis- 
position of any property held by such corporation, under any instrument 
prohibiting such sale; and provided the clear yearly income from the estate 
of any church, society or congregation, exclusive of the rents of pews, col- 
lections in churches, funeral charges and the like, shall not exceed the 
yearly sum of twenty thousand dollars. 

Sec. 207. Every such body politic shall be chosen, and the succession 
kept up at such times and places as are ordinarily used for public meetings 
of the said church, society or congregation, and by such persons as are al- 
lowed to have a voice in the management and direction of- congregational or 
temporal concerns, according to the known custom and usage of their re- 
spective denominations; or the said body politic or corporate shall be chosen 
and the succession kept up according to the rules, regulations and practice 
that may have been heretofore adopted and agreed upon, or that shall be, 
at the first time of electing, agreed upon and adopted by any particular 
church, society or congregation for directing or managing their congrega- 
tional or temporal affairs. 

Sec. 208. The minister, for the time being, or senior minister, where 
there are more than one settled in any church, society or congregation, 
shall always, in virtue of his ministry, be a member of the body politic or 
corporate belonging to the same, exclusive of the number heretofore pre- 
scribed in section 205. 



no 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



Sec. 209. If any contest shall arise in any church, society or congrega- 
tion, about the right of voting, or whether the election has been fairly con- 
ducted agreeably to the true intent and meaning of this article, the parties 
contending shall each of them choose one discreet and reputable person from 
amonst the members or trustees of some neighboring congregation or 
society of the same religious persuasion, if any such there be, and if none 
such, then of any other religious society, which two persons shall choose 
a third, qualified in like manner, and the said three persons shall meet at 
the place where the difl'ereuce has arisen, and hear and determine upon 
the matter; and their judgment and award, or the judgment or award of a 
majority of them, certified under their hands and seals to the contending 
parties, shall be final. 

Sec. 210. At the first election or appointment of every bod}^ politic or 
corporate aforesaid, every church, society or corporation assembled as 
already directed, shall determine on their plan, agreement or regulation, 
specifying distinctly the time and manner of electing trustees, and the 
manner in which the succession shall be perpetuated, and containing an 
exact description of the qualifications of the persons severally electing and 
elected, and to elect and to be elected thereafter, and also the name, stjde 
or title of the corporation by which it shall thereafter be known, and the 
name of the church, society or congregation choosing the same. 

Sec. 211. The said plan, agreement or regulation shall be entered in the 
book hereinafter required by section 214 to be kept by every such corpo- 
ration, and the same shall be acknowledged by the trustees, or a majority 
of them, before, and certified by, two justices of the peace of the county 
or city in which the said church, congregation or society, or the greatest 
number of the members thereof shall reside; or the same may be acknow- 
ledged before and certified by a judge of the circuit court or of the supreme 
bench of Baltimore City. 

Sec. 212. The plan or agreement, so acknowledged and certified, shall be 
filed by the said trustees with the clerk of the circuit court for the county 
where the said church, society or congregation, or the greater part of the 
members thereof reside, or the clerk of the superior court of Baltimore 
City, if they, or the greater part of the members reside in the City of Bal- 
timore, within six months after such acknowledgment shall be made; and 
the same shall be recorded at the expense of the corporation, in a book to 
be kept for that special purpose. 

Sec. 213. If any change shall be made in the original plan by authority 
of the congregation, such change shall, in the same manner, be acknow- 
ledged and recorded. 

Sec. 214. Every such corporation may appoint the times and places of 
the meeting of its members, and the number necessary to constitute a 
quorum, and shall provide and keep a good and sufficient record book, and 
cause therein to be registered all its proceedings, subject at all times to the 
inspection of the several members of the church, society or congregation; 
and the same shall be laid before a public meeting when required by any 
five or more of the members; and the said trustees, or a majority of them, 
shall have full power to frame such rules and ordinances for conducting 



LAWS OF MARYLAND ON KELIGLOUS MATTERS. 



Ill 



their concerns as may be necessary and convenient for accomplishing the 
^nd of their institution. 

Sec. 215. When anj' nmiiber of persons belonging to any chm*ch, or con- 
gregation, sufficient to build a church or house of worship, and to maintain 
a minister, shall choose to separate from the church or congregation of 
which tliey have hitherto been a part, and to erect a house of worship, 
and employ a minister for themselves, it shall be lawful for them to do 
so; and they shall, by their respective name or style, be entitled to all the 
benefits of this article relating to their incorporation : Provided only. That 
all arrearages, debts, and engagements contracted, due or becoming due. 
while members of the former societ}^ shall be discharged. 

Sec. 216. The person or persons holding lands or goods and chattels in 
trust for any particular church or society shall convey the same to the cor- 
poration of such particular church or society, as soon as the same shall be 
formed under this article. 

Sec. 217. Xothing in this artiide shall prevent the Protestant Episcopal 
Church from incorporating the vestries in the several parishes, according 
to the usages of the said Church. 



ARTICLE XXYII. CRIMES AXD PUXISHMEXTS. 

Destroyixg Church Property Maliciously. 

Sec. 53. If any person unlawfully and maliciously shall disligure. cut. 
mutilate, injure or damage any church, house of worship, its pews, seats, 
walls, windows, shutters, trees, tombstones, fencing, inclosures or other 
property in or belonging thereto, or any parsonage, its furniture, trees, 
fencing or inclosures, near and belonging to the same, he shall, on convic- 
tion before a justice of the peace, or the circuit court for the county or 
criminal court of Baltimore, where the said property may be situated, be 
deemed guilty of a misdemeanor, and fined in the discretion of the said justice 
or court in a sum of money not less than three dollars nor more than fifty 
dollars for any one offence, and shall stand committed to the public jail of 
the county or city until the fine and fees shall be paid. 

Collection of Tolls from Fujserals. 

Sec. 121. No turnpike, bridge or ferry company, and no proprietors of 
any turnpike or other road, bridge or ferry shall collect any tolls upon any 
carriages or other vehicles, or horses, going to or returning from any funeral ; 
every tollgatherer who shall knowingly collect any tolls contrary to the 
above provisions, or who shall knowingly refuse to allow any horse or vehicle 
going to or returning from funeral, to pass without payment of toll, shall 
forfeit and pay for ever}" such oftence a sum of not less than $50 and not 
more than $100, one-half to the informer and the other half to the State ; 
and the company' or other parties owning such road, bridge or ferry shall 
also be responsible for the same. 



112 



LAJVS OF MARYLAND ON RELIGIOUS MATTERS, 



Marrying Unlawfully. 

Sec. 193. If any minister shall kuowingly celebrate the rites of mar- 
riage between any persons related in the degrees of kindred and affinity 
prohibited by law, he shall, on conviction, pay live hundred dollars. 

Sec. 194. If any minister, pastor or other person who, according to the 
laws of this State do usually join people in marriage, shall upon any pre- 
tence join in marriage any negro with any white person, he shall, on con- 
viction, be fined one hundred dollars. 

Sec. 195. If any person shall celebrate the rites of marriage between 
any persons except the persons authorized by the laws of this State to 
celebrate the rites of marriage, such person on conviction thereof shall be 
fined five hundred dollars. 

Sec. 198. If any minister shall marry any person without such license or 
publication, on conviction thereof, he shall be fined one hundi'ed dollars. 

Sec. 199. If any minister shall knowiugly join in marriage any male 
under the age of twenty-one years, or any female under the age of sixteen 
years, and not before married, without the consent of the parent or guar- 
dian of ever}" such person, personally given or signified under the hand and 
seal of the said parent or guardian, and attested by two witnesses, he shall 
on conviction, be fined fifteen hundred dollars. 



ARTICLE LXII. MARRIA(^ES. 

Sec. 1. If any person within this State shall marry within any of the 
degrees of kindred or afiinity expressed in the following table the marriage 
shall be void. 

2. A man shall not marry — 

His grandmother. 

His grandfather's wife, 
' • His wife-s grandmother, 

His father's sister. 

His mother's sister, 

His mother. 

His stepmother. 

His wife's mother. 

His daughter, 

His wife's daughter, 

His son's wife, 

His sister. 

His son's daughter. 

His daughter's daughter, 

His son's son's wife. 

His daughter's son's wife, 

His wife's son's daughter. 

His wife's daughter's daughter, 

His brother's daughter, 

His sister's daughter. 



LAIVS OF MARYLAND ON RELIGIOUS MATTERS. 



A woman shall not marry 

Her grandfather, 

Her grandmother's husband, 

Her husband's grandfather. 

Her father's brother. 

Her mother's brother, 

Her father. 

Her stepfather, 

Her husband's father, 

Her son, 

Her daughter's son, 
Her husband's sou, 
Her daughter's husband. 
Her brother, 
Her son's son. 

Her son's daughter's husband. 
Her daughter's daughter's husband, 
Her husband's son's son. 
Her husband's daughter's son, 
Her brother's son. 
Her sister's son. 

3. All marriages heretofore made and celebrated in or out of this State, 
by and between persons related within the following degrees of affinity, to 
wit : a man and his niece, or a woman and her nephew, are hereby con- 
firmed and made valid, to every intent and purpose, from the time of the 
celebration of such marriages respectivelj^ ; and every such marriage shall 
be held and taken by all courts of this State to be good and sufficient in law" 
to all intents and purposes. [Passed, March 9, I860.] 

4. Xo person within this State shall be joined in marriage until a license 
shall have been obtained from the clerk of the circuit court for the county 
in which the marriage is to be performed, or if in Baltimore City, from the 
clerk of the court of common pleas, or unless the names of the parties 
intending to marry shall be thrice published in some church or house of 
religious worship in the county where the woman resides on three several 
Sundays by some minister residing in said county; provided, nevertheless, 
that any person wdthin this State may marry according to the ceremony 
used by the society of people called quakers, the contracting parties signing 
a certilicate to the eftect that they have agreed to take each other for 
husband and wife, and said certificate being attested by at least twelve 
witnesses ; and provided, further, that the said certificate shall, within 
sixty days, be recorded either amongst the records of the society to which 
either of the contracting parties maj^ belong, or in some court of record in 
the city or county in which the said marriage may be accomplished. The 
license required by this article shall be in the following form, to wit ; 

State of Maryland, and county of • , to any minister of the Gospel, or 

other officer or person authorized by the laws of this State to solemnize 
marriage, you are hereby authorized to join together in the holy state of 
matrimony, according to the rules and ceremonies of your church, society' or 

8 ^ 



LAIVS OF MARYLAND OK RELIGIOUS MATTERS. 



religious sect, aucl the laws of this State, A. B. and C. D. Given under my 

hand and the seal of the circuit court for county, [or the court of 

common pleas of Baltimore City, J at this day of A. D.. one 

thousand Clerlx. 

The license shall have appended to it two certificates framed to corres- 
pond with said license, which shall be in form as follows : I hereby certify 

that on this day of one thousand at A 

B and C D were by me united in marriage in accord- 
ance with the license issued by the clerk of the court for 

county (or city.) Maryland ; which certificates shall be signed by the 
minister or other person who performed the ceremony, giving his name and 
official character ; one of the said certificates shall be handed to the con- 
tracting parties, and the other shall, within thirty days from the date of 
the marriage, be retm'ned to the clerk of the court from which it was issued. 

5. Before the clerk of any of said courts shall issue any such license, he 
shall examine, on oath, the person making application for the same, to 
ascertain first, the full names of the parties ; second, their places of residence; 
third, their ages ; fourth, their color ; fifth, whether married or single ; 
sixth, whether related or not. and if so, in what degree of relationship ; 
which facts shall be set out in a printed form, to be signed b}' the person 
making the application. 

6. The clerk of each of said courts shall procure and keep a suitable and 
well bound book in his oftlce and among his records, to be called ''The 
Marriage License Book.'" in which he shall make a complete record of the 
issuing of said license, and all the matters which he shall be required to 
ascertain, relative to the rights of said parties to obtain said license, in 
which record shall appear in regular order the items testified to by the 
applicants for the marriage license as above set forth ; and the names of 
each of the contracting parties shall be properly indexed ; and upon the 
return of the certificate aforesaid, it shall appear in said record when the 
same was filed, and the name of the minister, or other person or persons by 
whom the ceremony was performed. 

7. Xo such license shall issue unless the male be above the age of twenty- 
one years, and the female above the age of sixteen years ; provided, how- 
ever, that if the parents or guardian assent thereto in person, or by writing, 
attested by two witnesses, such license may issue, and the fact of such 
assent shall be made part of the record aforesaid. 

8. If, in the course of the examination of any applicant for a marriage 
license, it sliall appear to the clerk of the court that an}* legal impediment 
exists under the laws of this State, why the said parties shall not be joined 
in marriage, he shall withhold said license, unless ordered by the court of 
which he is clerk, to issue the same. 

9. A certified copy of the record of said marriage license and certificate, 
under the hand of said clerk and seal of said court, shall be received in all 
courts of this State as lyrima facie evidence of said marriage between the 
parties named therein. 

10. The clerk of the court shall receive one dollar for every license issued 
as aforesaid, and for the performance of the other duties required by this 
article. 



LAWS OF MARYLAND ON RE LLC 10 US MATTERS. 115 

11. Such license Avheii produced shall be full authority to any minister or 
other person authorized to marry, receiving the same, to proceed with the 
marriage of the parties named therein ; provided, that should any minister 
or other person marry persons without such license, he shall, on conviction 
thereof, be fined not less than one hundred dollars nor more than five 
hundred dollars, in the discretion of the court. 

12. The circuit court for the several counties and the superior court of 
Baltimore City. may. upon petition of either of the parties, inquire into, 
hear and determine, and the circuit court for the several counties and the 
criminal court of Baltimore, on indictment, may inquire into, hear and de- 
termine the validity of any marriage, and may declare any marriage con- 
trary to the table in this article, or any second marriage, the first subsist- 
ing, null and void ; and on appeal the depositions and evidence given in the 
cause shall be transmitted with the record to the Court of Appeals, and 
thereupon such cause shall be heard, determined and adjudged de novo. 

13. All marriages heretofore made and celebrated in this State prior to 
March 22, 1867, by and between colored people, are hereby confirmed and 
made valid, to every intent and purpose, from the time of the celebration 
of such marriages respectively ; and every such marriage shall be held and 
taken, by all courts of this State to be good and sufficient in law to all in- 
tents and purposes : Provided., that in every ease the parties claiming to 
have been married by a competent person shall, by sufficient proof before 
some justice of the peace, establish the fact of having been so married, a 
certificate of which shall be filed with the clerk of the circuit court for the 
county in which said marriage was celebrated, or the com't of common pleas 
of Baltimore City, and be preserved with the register of marriage licenses 
in the olfice of the said clerk. 

ARTICLE LXXXI. REYEXUE AXD TAXES. 
Exemptions feom Taxation. 

By section 4, the provisions of law levying taxes shall not apply to the 
following, among other property mentioned : 

"To houses or buildings used exclusively for public worship, or to the 
furniture contained therein, or to the parsonages connected therewith, or 
to the grounds appurtenant to such houses, or to buildings so exclusively 
used for public worship, or as parsonages which are necessary for the re- 
spective uses thereof ; * * * nor to burying grounds * * * belonging 
to any church or congregation ; * * * or to the buildings, equipment 
and furnitm-e of hospitals, asylums, charitable and benevolent institutions, 
or to the ground appurtenant thereto * * * which is necessary for the 
respective uses thereof [in a county not to exceed forty acres] ; nor to the 
buildings, furniture, equipment or libraries of incorporated educational or 
literary institutions, or to the ground appurtenant thereto, * * * which 
is necessary for the respective uses thereof [in a county not to exceed forty 
acres.'"] 



L^WS OF THE 

DISTRICT OF COLUMBIA 

ON RELiaiOUS MATTERS. 



SELECTIOX FKOM THE 

Revised Statutes of the United States 

REIiATmG TO THE DISTRICT OF COLUMBIA, 

Embhiacixg Statutes of a general and permanent nature in 
♦ force on the 1st day of December, 1873; 

And Subsequent Acts. 



CHAPTER I. OEGAXIZATION AND GOYERXMEKT. 

Sec. 92. The laws of the State of Mainland not mconsisteiit with this 
Title, as the same existed on the 27th da}- ofEebruary, 1801, except as 
since modified or repealed by Congress or b}^ authority thereof, or until so 
modified or repealed, continue in force within the District. 



CHAPTER XIY. COXYEYAXCES. 
For RELiaious Purposes. 

Sec. 453. Where any conveyance or devise of real estate is made for the 
use and benefit of any religious congregation as a place of public worship, 
such conveyance or devise shall not be void or frustrated hy reason of the 
want of trustees to take and hold the same in trust, but trustees may be 
appointed as provided in the following section. 

Sec. 454. When such conveyance or devise is made, whether by the 
intervention of trustees, or not, the supreme court of the District shall, on 
application of the United States attorney, on behalf of the authorities of 
any such congregation, have power to appoint trustees, originally, when 
there are none, or to substitute others from time to time, in cases of death, 



ON RELIGIOUS MATTERS. 



117 



refusal, or neglect to act, removal from the District, or other inability to 
execute the trust beneficially and conveniently ; and the legal title shall 
thereupon become exclusively vested in the whole number of the trustees 
and their successors. 

Sec. 455. A majority of the acting trustees for any such congregation 
may sue and be sued in their own names, in relation to the title, possession, 
or enjoyment of such property, without abatement by the death of any of 
the trustees or substitution of others ; and the action or suit may be prose- 
cuted to its final termination in the names of the trustees by or against 
whom the same was instituted, and all other proceedings had in relation 
thereto, in like manner as if such death or substitution had not occurred. 

Sec. 456. Land authorized to be conveyed and* held subsequent to June 
seventeenth, eighteen hundred and forty-four, and prior to May fifth, eigh- 
teen hundred and seventy, for the uses of any religious congregation, in 
quantity not exceeding fifty acres, if in the District outside of the cities of 
Washington and Georgetown, nor exceeding three acres, if in either of said 
cities, shall not be held by the trustees of such congregation for any other 
use than as a place of public worship, religious or other instruction, burial 
ground, or residence of their minister. 

Sec. 457. The thirty-fourth section of the Declaration of Rights of the 
State of Maryland, [38 of 1867,] adopted seventeen hundred and seventy- 
six, so far as the same was recognized and adopted in the District prior to 
July twenty-fifth, eighteen hundred and sixty-six, is repealed and annulled, 
and all sales, gifts, and devises prohibited by said section, or by any law 
passed in accordance therewith, are, when made, valid and ettectual ; Pro- 
r/(7er/. That, in case of gifts and devises, the same shall be made at least 
one calendar month before the death of the donor or testator. 



CHAPTER XVIII. GENERAL IKCORPORATIOX. 

Religious Societies. 

i&ecs. 534, 536, 537, 541, 542 amended as below, hij Act of March 3, 1883, Stat. 

XXII, 529.] 

Sec. 533. It shall be lawful for the members of any society or congrega- 
tion in the District, formed for the purpose of religious worship, to receive 
by gift, devise or purchase, a quantity of land, not exceeding an acre, and 
to erect thereon such houses and buildings, and to make such other use of 
the land and such other improvements thereon, as may be deemed neces- 
sary for the purposes named, and for the comfort and convenience of such 
society or congregation. 

Sec. 534. Such society or congregation may assume a name, and any 
number of trustees, not exceeding ten, who shall be styled trustees of such ^ 
society or congregation by the name so assumed, may be elected or ap- 
pointed according to the rules or discipline governing the church or de^ 
nomination to which said society or congregation may belong. 



ii8 



LAWS OF DISTRICT OF COLUMBIA 



Sec. 535. The persons elected or appointed as trustees shall immediately 
thereafter make a certificate under their hands and seals, stating the date 
of their election or appointment, the name of the society or congregation, 
and length of time for which they were elected or appointed, which shall be 
verified by the aflidavit of one of the persons making the same, and shall be 
filed and recorded in the office of the recorder of deeds of the District. 

Sec. 536. The trustees shall hold office during the period stated in their 
certificates, and vacancies in the office of trustees may be filled by election 
or appointment as provided in section five hundred and thirty-four; and rules 
and regulations may be adopted in relation to the management of the estate 
and the duties of trustees, or for their removal from office, in accordance 
with the rules or disciplint governing the church or denomination to which 
such society or congregation may belong, not inconsistent with the Consti- 
tution of the United States and the laws in force in the District. 

Sec. 537. At the expiration of the term of service of any of the trustees, 
one or more successors may be elected or appointed, as provided in section 
five hundred and thirty-four, and a certificate of their appointment or elec- 
tion shall be made, verified, filed, and recorded as provided in section five 
hundred and thirty-five. 

Sec. 538. A failin-e to elect or appoint trustees at the proper time shall 
ot work a dissohition of the society or congregation, but the trustees last 
elected or appointed shall be considered a^ in office imtil another election or 
appointment shall take place. 

Sec. 530. Such trustees and their successors shall have perpetual succes- 
sion and existence, and shall be capable in law to sue and be sued, implead 
and be impleaded, answer and be answered unto, defend and be defended, 
in all com-ts of law or equity whatsoever, in and by the name and style as- 
smned as provided in section 534. 

Sec. 540. The title to land authorized to be purchased, and to the build- 
ings and imi)rovenients thereon, shall be vested in the trustees by their as- 
sumed name, and their successors forever: and the same shall be held for 
the uses and pin-poses named and no other. 

Sec. 541. The trustees shall have power, under the direction of the society 
or congregation or the authority by whom they were elected or appointed to 
sell and execute deeds and conveyances of the property authorized to be 
held by the society or congregation: and such deeds or conveyances shall 
have the same eftect as like deeds or conveyances made by natural persons; 
but no deed or conveyance shall be made so as to defeat or destroy the in- 
terest or etfect of any grant, donation, or bequest, and all grants, donations 
and bequests shall be appropriated and used as directed by the person 
making the same. 

Sec. 542. The trustees shall have power, under the direction of the societ}' 
or congregation or the authority by whom they were elected or appointed, 
to execute mortgages, or deeds of trust in the nature of mortgages, upon 
the estate and property which an}' society or congregation are authorized 
to hold, or to lease the same for a term not exceeding ten years. And such 
mortgages, deeds and conveyances shall have the same ertect and be en- 



ON RELIGIOUS MATTERS. 



119 



forced by the same remedies and proceedings as like mortgages, deeds, 
leases, and conveyances made by natm'al persons. 

Sec. 543. Upon the dissolution of any society or congregation, the estate 
and property of such society or congregation shall revert back to the 
persons, their heirs and assigns, who may have given or contributed to the 
purchase of, or payment for, the same, according to their respective rights. 

Sec. 544. The provisions of the eleven preceding sections are intended 
to extend to members of societies formed to establish and maintain private 
schools for religious purposes, but shall not be construed as conferring 
privileges or any benefits to such societies under the school laws of the 
District. 

Societies, Benevolent, Educational, Etc. 

[Sections 545, 546, 547, 549, amended as below Inj Act of April 23, 1884. Stat. 

XXIII, p. 13.] 

Sec. 545. Any three or more persons of full age, citizens of the United 
States, a majority of whom shall be citizens of the District, who desire to 
associate themselves for benevolent, charitable, educational, literary, 
musical, scientific, religious, or missionary purposes, including societies 
formed for mutual improvement, or for the promotion of the arts, may 
make, sign, and acknowledge before any officer authorized to take acknowl- 
edgment of deeds in the District, and file in the office of the recorder of 
deeds, to be recorded b}^ him, a certificate in writing, in which shall be 
stated. First. The name or title by which such society shall be known in 
law. Second. The term for which it is organized. Third. The particular 
business and objects of the society. Fourth. The number of its trustees, 
directors, or managers for the first year of its existence. 

Sec. 546. Upon filing their certificate the persons who shall have signed 
and acknowledged the same and their associates and successors shall be a 
body politic and corporate, by the name stated in such certificate; and by 
that name they and their successors may have and use a common seal, and 
may alter and change the same at pleasure, and may make by-laws and 
elect officers and agents, and may take, receive, hold, and convey real and 
X3ersonal estate necessary for the purposes of the society as stated in their 
certificate, and other real and personal property the clear annual income 
from which shall not exceed in value twenty-five thousand dollars: Pro- 
vided, however, that this section shall not be construed to exempt any 
property from taxation in addition to that now specifically exempted by 
law. 

Sec. 547. Such incorporated society may elect its trustees, directors, or 
managers at such time and place and in such manner as may be specified in 
its by-laws, who shall have the control and management of the aftairs and 
funds of the society, and a majority of whom shall be a quorum for the 
transaction of business; and whenever any vacancy shall happen in such 
board of trustees, directors, or managers, the vacancy shall be filled in such 
manner as shall be provided by the by-laws of the society. 



I 20 



LAWS OF DISTRICT OF COLUMBIA 



Sec. 548. The trustees, directors, or stockholders of anyexistmg benevo- 
lent, charitable, educational, musical, literary, scientific, religious, or mis- 
sionary corporation, including societies formed for mutual improvement,, 
may, by conforming to the requirements herein reincorporate themselves, 
or continue their existing corporate powers under this chapter, or may 
change their name, stating in their certificate the original name of such cor- 
poration as well as their new name assumed, and all the property and effects 
of such existing corporation shall vest in and belong to the corporation so 
reincorporated or continued. 

Sec. 549. Any property of the corporation may be leased, encumbered by 
mortgage or deed of trust in the nature of a mortgage, or sold and conveyed 
absolutely, when authorized by a vote of a majority of the shares of stock 
of the corporation, or by a vote of a majority of the directors, managers, or 
trustees of the corporation, at a meeting called for the purpose, and the 
proceedings of which meeting shall be duly entered in the records of the 
corporation; and the proceeds arising therefrom shall be applied or invested 
for the use and benefit of such corporation. 

Sec. 550. When any real estate shall have been devised or given to any 
such corporation for any specified benevolent purpose aforesaid, and where 
by a vote of three-fourths of the stock held by the stockholders, or three- 
fourths of the corporators, if no shares of stock have been created, at a 
meeting called for the purpose, of which such stockholders or corporators or 
members shall have at least ten days" notice, the corporation shall deter- 
mine to surrender their corporate powers and cease to act under the same., 
said real and personal estate so acquired shall be sold at public auction, 
proper notice of the time and place of sale having been given; and the 
proceeds of the sale equitably distributed among the stockholders or cor- 
porators or disposed of for the promotion and advancement of the objects for 
for which such corporation was originally organized. 

Sec. 551. Kepealed. 

Sec. 552. The provisions of this chapter shall not extend to or apply to^ 
any association or individual who shall, in the certificate filed with the 
recorder of deeds, use or specify a name or style the same as that of any 
previously existing incorporated body in the District. 

Cemetery Associations. 

Sec. 594. When five or more persons shall associate themselves together 
for the purpose of forming a cemetery association in the District, such per- 
sons shall have the power to adopt a corporate name, and by that name 
shall be known as a body corporate, and by that name shall have perpetual 
succession and be invested with all powers, rights, privileges, liabilities,, 
and immunities incident to corporations. 

Sec. 595. Such persons, so associated, shall have power to acquire by 
gift, grant, or purchase any lot or lots of land not exceeding fifty acres, 
and lay out the same for a burial place for the dead, with convenient aisles,, 
and to sell the same for such purpose, and for no other purposes, reserving 
a sutficient portion thereof for the burial of the stranger and indigent. 



ON RELIGIOUS MATTERS. 



121 



Sec. 596. They shall cause the land designed as a burial ground to be sur- 
veyed and platted ; and a plat of the ground, so surveyed, shall be recorded 
in the office of the recorder of deeds of the District. Each lot shall be duly 
numbered by the surveyor, and such number shall be marked on the plat 
and recorded. 

Sec. 597. Such association shall have power to inclose and ornament 
their burial ground, to build and erect a hearse-house and keep the same 
in proper repair; to purchase a hearse or hearses; and to do all other neces- 
sary acts to the end that all the appliances, conveniences, and benefit of a 
public and private cemetery may be obtained. 

Sec. 598. The proceeds arising from the sale of lots, after deducting all 
expenses of purchasing and laying out the same, shall be applied, appro- 
priated, and used in improving and ornamenting the burial ground, or for 
other purposes named in this chapter. 

Sec. 599. The officers of any such corporation shall be a president, a 
treasurer, who shall act as secretary, and three directors, who shall be 
chosen annually by ballot, and shall hold their office until then* successors 
are chosen. Any neglect to choose their officers on the da}' fixed upon for 
that purpose, shall not operate as a forfeiture of the act of incorporation in 
accordance with the provisions of this chapter. 

Sec. 600. The first election of officers, by the persons associating, accord- 
ing to and for the purpose specified in section 594 shall be at the time and 
place designated and agreed upon by a majority of the persons so associat- 
ing 'themselves together, and no other than such persons shall vote at such 
election. 

Sec. 601. At each subsequent election of officers of any such corpora- 
tion, the owner of a lot in said burial ground shall be entitled to one vote 
in the election of officers of the corporation, and no more, and shall by 
virtue of such membership be a member of the corporation. 

Sec. 602. Each corporation shall have power to establish and change 
by-laws, and prescribe rules and regulations for its government and the 
duties of its officers and the management of its property. 

Sec. 603. The property of any such corporation, its grounds, lots, and 
appliances, shall be exempt from taxation, and shall not be liable to sale on 
execution. 

Sec. 604. Dedication. — Any person desiring to dedicate any lot of land, 
not exceeding five acres, as a burial place for the interment of the dead for 
the use of any society, association, or neighborhood, may, by deed, duly 
executed or recorded, convey such land to the District of Columbia, by the 
corporate name of said District of Columbia, specifying in such deed the 
society, association, or neighborhood for the use of which the dedication is 
desired to be made, and thereby vest the title to such land in perpetuity 
for the uses stated in the deed, and such land shall be thereafter exempt 
from taxes for all purposes whatever. 

Sec. 1187. Penalty for injury. — If any person shall wilfully or maliciously 
cut down, break down, level, demolish, or otherwise destroy, or injure, or 
damage any railing, fence, or inclosure around or upon any land conveyed 
to any cemetery association, or. to the District, under the jDrovisions of 



122 



LA TVS OF DISTRICT OF COLUMBIA 



sections 595 and 604. as a burial place for the interment of the deacL or any 
gate or post thereon, or shall remove, break, injure, or deface any tomb, 
or other stone, plank, or board, or any inscription thereon, or shall cut 
down, destroy, injure, or remove any tree or shrub, standing or growing 
upon such land, lie shall be liable to indictment, and upon conviction, be 
lined not less than ten dollars nor more than one hundred dollars. 

[■These laws, as originally passed, were accepted by the Convention in 1873, 1 Journal, p. 
47.) The amendments have not been accepted, but they do not change the general purpose 
of the laws.] 

CHAPTER XXII. MARRIAGE AX^D DIVORCE. ' 
Makriac^^es. 

Sec. 718. For the purpose of preserving the evidence of marriages in the 
District, every minister of the gospel, appointed or ordained according to 
the rites and ceremonies of his church, whether his residence be in the Dis- 
trict or elsewhere in the United States, or its Territories, may be licensed 
to celebrate marriages in the District. 

Sec. 719. Such license shall be issued by the clerk of the Supreme Court 
of the District. 

Sec. 720. Licenses shall be in the following form: 

'•To any Minister of the Gospel authorized to celebrate marriages in the 
District of Columbia, greeting: 

'•You are hereb}' licensed to solemnize the rites of marriage between 

of and of , if you find no lawful impediment 

thereto, and having done so, you are commanded to appear in the clerk's 
otiice of the Supreme Court of said District and certify the same. 

Witness my hand and the seal of said com't: 

Clerk." 

Sec. 721. The clerk shall provide a record-book of his oftice, consisting of 
licenses in the form prescribed in the preceding section printed in blank, 
one of which he shall till up with the names of the parties for whose union 
any license has been i>sued. and beneath it shall be printed a certificate to 
be made by the minister who solemnized the marriage. 
Sec. 722. The minister's certificate shall be in the following form: 

"I- , Minister of Church in , hereby certify, that 

by authority of a license of the same tenor as the foregoing. I solemnized 

the marriage of the parties aforesaid on the da}' of eighteen , 

at , in the District of Columbia." 



Sec. 723. A copy of any license and certificate recorded in the record 
book of the clerk's ofllce. and certified l)y the clerk under his hand and the 
seal of the court shall be competent evidence of the marriage. 

Divorces. 

Sec. 738. A divorce from the bond of marriage may be granted in any of 
the following cases, namely : 

First. Where such marriage was contracted while either of the parties 
thereto had a former wife or husband living, unless the former marriage had 



I 



ON RELIGIOUS MATTERS. 



123 



been lawfulh' dissolved and no restraint imposed on the party contracting 
SLicli second marriage. 

Second. Where such marriage was contracted dm'ing the hmacy of either 
party. 

Third. Where either party was matrimonially incapacitated at the time 
of the marriage. 

Fonrtli. Where either party has committed adultery during the marriage. 

Fifth. For habitual drunkenness for a period of three years of the party 
complained against. 

Sixth. For cruelty of treatment, endangering the life or health of the 
party complaining. 

Seventh. For wilful desertion and abandonment by the party complained 
of against the party complaining for the full uninterrupted space of two 
years. 



An Act for the Relief of Parishes of the Protestant Episcopal Church in the 

District of Columbia. 

lAj^Jroved hij Act of Congress, March 28, 1874. Stat. XVIII, p. 25.] 

Be it enacted by the Ler/islative Asseuibh/ of the District of Columbia, That 
in any parish of the Protestant Episcopal Church, now existing in said 
District or hereafter organized therein, residence within the limits of the 
parish shall no longer be prescribed as a qualification for voting at parish 
elections or other business meetings of the parish, or for holding office in 
the same ; but any male member of the congregation above the age of 
twenty-one years may l)e admitted to vote at parish meetings, and shall be 
qualified to hold office in such parish, who shall own or lease a pew or part 
of a pew in the parish church, or, in case the pews are free, shall be a stated 
worshipper in the church, and who shall have been entered on the books 
of the parish, as required by existing law, and shall have complied with the 
other requirements of said law, or with such other conditions as a majority 
of the qualified voters of the parish may hereafter adopt at a parish meeting 
called for the purpose : Provided, That in the case of a newly-organized 
parish all male members of any church or congregation in communion with 
the Protestant Episcopal Church in the District of Columbia, of full age and 
uniting in the organization of such new Parish, shall be qualified to vote at 
the first election of vestrymen thereof. 

Sec. 2. And be it furthrr enacted, That hereafter vestries of the Protestant 
Episcopal Church shall not be obliged to meet on any stated days or at any 
particular place, but only at such times and places as they may find most 
convenient ; and if any vacancy shall happen in v estries after their election, 
or any person elected a vestryman shall refuse to serve, then the other 
vestrymen shall have power to appoint a person or persons, as the case may 
be, to serve until the next succeeding election ; and any parish, by a vote 
of the majority of its qualified voters, may at any parish meeting provide 
that the wardens of such parish shall be elected in the same manner as 
vestrymen, and be members of the vestry; and vestries shall have power 



124 



LAJVS OF DISTRICT OF COLUMBIA. 



to make all rules and regulations respecting tlie'temporal government and 
support of their respective parishes, not inconsistent with public law. 

Sec. 3. And he if furfJier enacted. That vestries now existing shall be re- 
garded as legally constituted, notwithstanding irregularities in their election 
or defect of qualifications in the voters by whom they were elected, and are 
hereby confirmed in their offices until the period appointed by law for the 
next election of vestries. 

Sec. 4. And be if furtlier enacfed. That all acts or parts of acts now in 
force in the District of Columbia respecting the rights and privileges of 
Associate Rector in parishes of the Protestant Episcopal Church in said 
District be, and the same are hereby repealed. — (Approved June 26. 1873.) 

[Accepted by the Convention. Journal, 1877, p. 44.] 

An act to relieve the ChurcJies of fJie Bisfricf of Columbia, etc.. {Approved 
June 21. 1879. Stat. XXI, ]). 23.) 

Be if enacted, etc., That so much of an act of Congress entitled ''An act 
for the government of the District of Columbia, and for other purposes," 
approved June 20th, 1874, [Stat. XYIII, p. 117,1 as was construed to 
authorize the Commissioners of the District to set aside former exemptions 
from taxation of chm"ch prox^erty which was actually held and used for the 
pm-pose of divine worship, and to enforce a tax upon such property, be. and 
is hereby repealed ; * * *. 



INDEX. 



Absentees from Convention, 10. j 

Academy, Hannah More, 51, 95, 96, | 
97. " - j 

Accumulating Episcopal Fund, 54. 

Acts of Assembly, 66-115. 

Act. The Vestry. 67-73; Supple- 
ments to, 73-75. 

I 

Acts of Congress, etc., 116-124. 

Act of General Incorporation, Md. 
107-111; Dist. of Colimibia. 117- | 
118. I 

Advocate. Clmrch. 17. 

Assessments. 11. 47. 52. 

Baltimore City Prot. Episc. Mission- 
ary Committee, 14, 97. 

Bishop, election of, 6; Salary of, 54; 
Official Expenses of, 54; Rights of 
in Convention. 6. 

Bm-ials. 24, 71, 120. 

Canons of Maryland, 9-25; of Gene- 
ral Convention, 26-36. 

Cemetery Associations, Dist. of Co- 
Umibia, 55. 

Charities, Board of Clmrch, 44. 

Charter of Convention accepted, 37, 
42. 55. 

Christ Church, Baltimore, 84, 85, 86. 

Church. Committee on State of the, 
11. 



Consecration of Churches, 33. 

Churchwardens, Report on duties of, 
39, Duties of, 25, 27, 31, 69. 

Clergy (see also Ministers, and Rec- 
tors.) Rights of to seats in Con- 
vention. 5, 9, Support of 16; absent 
from Convention, 10; discipline of 
during vacancy in Episcopal Office, 
19; renouncing ministry, 20; trial 
of the, 17, 18, 19 ; Mode of com- 
pelling attendance of, 20. 

College of St. James, 78, 79. 

Columbia, District of, Laws of the, 
116-124. 

Committee, Standing, 7, 18, 19, 24; 
On the state of the Clmrch, 11; Of 
Missions, 13, 52; On Religious In- 
struction, 13; Of Ways and Means, 
47 ; on Donations, 53. 

Common Prayer, use of Book of, 32, 
33. 

Communicants, exclusion of, etc., 
23. 

Congregation, new, erection of, 12, 
39, 57. 

Consecration of Churches, 33. 
Constitution. 5-8. 

Convention of Maryland, Time and 
place of meeting, 5 ; Right to seats 
in, of Clergy, 5, 9; of Laity, 5; 
Quorum, 6; President of, 6, 7; 
Special meetings, how called, 6, 7; 
Secretary of, 7, 10, 52; Treasurer 



126 



INDEX. 



of, 10; Absentees from. 10; Acts I Episcopal Puud, 37; Accumulating, 
of Incorporation of, 75, 70, 77 ; 
Acceptance of same by Conven- 
tion, 37 42, 55 ; rights of Bishop 
in, 6. 



Conveyances for religious purposes 
Dist. of Columbia, 116. 

Convocations. 15. 

Corporations, 99-111 ; 117-122. 

Court, Ecclesiastical, 18. 

Deans of Convocations. 15. 

Declaration of certain Rights of Prot. 
Episc. Church, 3. 

Declaration of Rights (State of 
Maryland. 1867). 66, 117. 

Degrees. Table of, 114, 115. 



Delegates to Diocesan Convention, 
5. 37, 65; to General Convention, 
expenses of, 11 (Canon Y). 



54; 

Episcopal Library, 47-51. 

Exemption from taxation, 115. 124. 

Expenses, Defraying certain. 11; 
pfficial expenses of Bishop. 54. 

Eamily Worship, 22. 

Federate Council, 46. 

Forms and Instructions, 56-65. 

Funerals, Tolls from, not to be col- 
lected, 111. 

(5-eneral Convention, Canons of, 26- 
36. 

Hannah More Academy, 51, 95-97. 
Holv Orders. Candidates for, 52, 



Incorporation, Acts to authorize, 
103-4; General Incorporation Act 
Destroying Church property, 111. ' of Maryland, 107; Dist. of Colum- 



Dimissory Letters, 30. 

Diocese. Division of. 46, 55, 155; 
Seal of. 54. 

Disabled Clergymen. 5, 10. 13. 

Discipline of Clergy. 17-21; Laity, 
23. 



bia, 117. 
Instructions and Forms. 56-65. 
Investments, 52. 53. 

Journal of Convention, 7. 10, 31. 
Laity. Canons concerning, 22-23. 



District of Columbia, I^aws of, 116- Lay Delegates, 5, 37, 65. 
124. 

i Lay Readers, 26. 
Liberty. Religious, 3. 
Librarian, Salary of. 50. 



Divorce, 36, 107. 122. (See Mar- 
riage.) 

j 

Donations, Committee on, 53. 

Educational Fund. Theological, 52. ! 

I 

Enrolment, Form of Farochial, 65 ; \ 
dutv of Register. 67. i 



Liturgy, Revision of the, 4; use of, 
12,^2, 33. 

Marriage, Laws of Maryland, ll2- 
115; District of Columbia, 122. 



INDEX. 



127 



Table of Degrees, 112. (See Di- 
vorce.) 

Maryland Code of 1888, Pub. Gen. 
Laws, 107-115. 

Maryland Episcopal Library. 47-51. i 

Ministers, Support of, 16. (See 
Clergy.) 

Missionaries, Title of to Seats, 5; 
appointment of, 14. 

Missions, Diocesan, 13-15; Commit- 
tee of 13. 52; Baltimore City Mis- 
sionary Committee, 97. j 

Orders,of Ministers, 3, 4; Candidates j 
for, 52; Vote by, 6. I 

Parishes, Boundaries of, 29 ; erection | 
of ne^y, 12; division of, 37; Va- 
cant, 25; Defunct, 13. Parish j 
Registers, 24. j 

Presentment, Form of, 17. | 

Pastoral Aid, 13, 14. ' 

Permanent Sustentation Fund. 16, 
52. 

Persons not Ministers in this Church 
not to officiate therein, 27. 

! 

Prayer Book, use of. 32, 33. I 

I 

Quorum, of Convention, 6;' of Com- I 

mittees, 14; of Vestrv. 68. i 

^ - ■ ! 

Readers, Lay, 26. | 

Records, 44. ^ ! 

Rectors, Rights of in A^estry. 69 ; 
liabilities of, 69 ; Associate, 70, 74, 
124, (See Ministers and Clergy.) ; 

Register, Parish, 24; of Vestry 70, i 
71. ! 



Relief of Churches and Parishes, 
Dist. of Columbia 123, 124. 

Religious Instruction, Committee 
of, 13. 

Religious Societies, Dist. of Colum- 
bia 117. 

St. James, College of, 78, 79. 

St. John's Church, in Harford and 
Baltimore Counties, 94. 

St. John's Church, Queen Caroline 
Parish, in Anne Arundel Co. [now 
Howard,] 94. 

St. Paul's Parish, Baltimore, 88, 89, 
90. 

St. Peter's Church. Baltimore, 80, 
81, 82, 83. 

Salary of Bishop, 54 ; of Assistant 
Bishop, 47; of Secretary, 52. 

Seal of Diocese, 54. 

Seats in Convention, Rights of clergy 
to, 5, 9. 

Secretary of Convention, 7. 10, 52. 

Sentences. Ecclesiastical, 21. 

Sermons before Convention, 37. 

Societies, Benevolent, Dist. of Co- 
lumbia, 119. 

Standing Committee, 7, 18, 19, 24. 

Stinnecke Maryland Episcopal Lib- 
rary, 47-51. 

Sunday, Observance of, 53. 

Sustentation Eund. 16, 52. 

Taxation, Exemption from, 115, 124. 

Temperance, 53. 

Tolls from funerals. 111. 



128 



TNDEX. 



Trial of a Clergymau. 17. 19. 

Yacaut Parishes, 25. 

Testries, rights and duties of. 5. 9. 11 
16. 21. 24. 25. 27-29. 33. 34. 37. 39. 
42-44. 52. 67-75. 103. 107. Ill, 123. 

Testry Act. The. 67-73; Supple- 
ments to. 73-75; Report on Legal 
Capacity of Vestries, 42 : A^estries 
must provide a Parish Register. 24. 
70. Must answer Bishop's visita- 
tion queries, 28. May not pay 
salaries out of their principal, 73 ; 
regular meetings of. 68, 74. 123, 
Special meetings of, 71. 



' Vote hy Orders, 6. 

, Voters, Parochial, 67. 74. 123. 

Wardens, (See Churchwardens.) 
Ways and Means, Committee of, 47. 

. Whittingham. Bishop, Gift of his 
j Library, 47-50 ; Will of, 48. 

I Widows and orphans, etc.. Corpora- 
tion for relief of, 91-93. 

Worship, Family. 27. 



* 



.> > Mi ■> '> '■ - 



